C. O. MADARIKAN, JSC (Delivering the Leading Judgment): The appellants before us were the plaintiffs in an action instituted in the High Court Warri (Suit No. W/29/65) and in which their writ was endorsed as follows:
"The plaintiffs' claim against the defendant is for the specific performance on his undertaking given to the plaintiffs on the 11th July, 1960 to make and execute to the plaintiffs on demand a valid Legal Mortgage of Land situate at Ogbe-Ijoh, Delta Province and covered by Deeds registered as No. 21 at page 21 in Volume 550 of the Lands Registry in the Office at Lagos and No. 28 at page 28 in Volume 187 of the Lands Registry in the Office at Ibadan to secure the repayment on demand of all sums now or hereafter due and owing by him to the plaintiffs and whether as principal or surety or otherwise in such form and with such provisions and powers as the plaintiffs may require and which the defendant has refused to execute although requested to do so. And for the cost of this…