MUHAMMAD, J.C.A. (Delivering the Leading Judgment): Before his death on 13th September 1966, Sir Philip Odumegwu Ojukwu was the Chairman/Managing Director of Ojukwu Transport Company Limited. He left a will. He was equally survived by, amongst others, his children. The appellant before us, Chief C. O. Odumegwu Ojukwu is one of them. Others are Dr. J.O. Ojukwu and L. P. Ojukwu.
The trio were defendants in the suit which brought about the instant appeal.
The plaintiffs in the court below and now respondents, were appointed Executors/Trustees of the will of the late Sir Philip Ojukwu. It appears that the will, at the expiry of the civil war, was either lost or had become unavailable. All efforts to secure the will was to no avail. It also appears that there was agreement to reconstruct the will and have it admitted to probate. However, before the attainment of this agreed position, the appellant and 1st respondent applied for and obtained Letters of Administration to the estate of the l…