C. O. MADARIKAN, J.S.C (Delivering the Leading Judgment): The present respondents were the plaintiffs in an action instituted by them in the High Court of Lagos (Suit No. LD/494/68) against the appellant as defendant and in which their claims as endorsed on the writ were as follows:-
"The Plaintiffs claim from the defendant
1. A full, true and up to date account of the business of Commercial and Industrial Transport Services as from 1st May, 1960.
2. Dissolution of the said business and payment over to the plaintiffs of whatever is found due to the plaintiffs."
It is convenient at this stage to point out that by an order of court dated the 11th of November, 1965, (Exhibit 1), the Federal Public Trustee was appointed to take over the administration of the estate of one M.R. Ojikutu, deceased (hereinafter referred to as the deceased), and it was in this capacity that the Federal Public Trustee as the 1st Plaintiff joined the other plaintiffs who are some of the children of deceased to c…