A.SAVAGE & ORS V.O. UWECHIA & ORS

A. FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): On the 24th day of August, 1954, the plaintiff, at Onitsha, gave a loan of 780(pounds) to one S.O. Rotibi who promised to repay the said loan within three months and gave the plaintiff a promissory note to that effect. Just over a week later, the said Rotibi died at Owerri leaving a Will in which he appointed the three defendants his executors and trustees. Probate of the said Will was obtained on 28th July, 1956.

When the loan was not repaid, the plaintiff, in suit No. O/22/55 commenced in the Onitsha High Court, started proceedings against the defendants for specific performance of the agreement under which the deceased Rotibi promised to repay the loan. The particulars of claim in the said suit (as shown in the proceedings Ex. "C") read:

"1. By an agreement agreement to convey made between the plaintiff and S.O. Rotibi on the 24th day of August, 1954, at Owerri, the said S.O. Rotibi agreed to convey to the plaintiff for t…