In his Will dated 1st February, 1971, the late John Uzo Atuanya appointed the defendants (now respondents) as Trustees and Executors as well as beneficiaries to the said estate while the appellants are the grandchildren of the deceased testator who are also beneficiaries under the will.

The appellants were opposed to the management style of two landed properties forming part of the estate by the respondents. They contended that the respondents had been collecting rent from the two properties at Onitsha and had been appropriating same to their own use without either accounting for the rent collected and/or giving the appellants their entitlements there from and that the respondents have threatened to continue collecting rent from the said properties and appropriating same to themselves unless restrained by order of court.

The appellants did not seek to remove the respondents as executors and trustees of the will but sought the appointment of a Receiver/Manager pending the determination of the suit.

The respondents countered that prior to the appellants attaining the age of 21 years, none of them could properly be heard on the issue concerning the will and that according to the will, they were not under any obligation to account to the appellants.

After hearing argument, the learned trial Judge refused the application. Being dissatisfied, the appellants appealed to the court of Appeal.