U. UDOMA, J.S.C. (Delivering the Judgment of the Court): This appeal raises two points of considerable importance one of practice and procedure and the other of the construction of a written contract. The appeal is brought by the plaintiff in suit No. P/99/63 and defendant in suit No. P/5/64 respectively (consolidated) of the Port Harcourt Judicial Division of the High Court of the former Eastern Region holden at Port Harcourt. It is from the judgment of W.J. Palmer J. dismissing the claim of the plaintiff against the defendant company, herein respondent, in the former suit and, in the latter suit, entering judgment in favour of the defendant company in the sum of 6931(pounds) with inclusive costs of 60 guineas.
In suit No. P/99/63 the plaintiff's claim against the defendant company was for the sum of 700(pounds) being "money had and received by the defendant company for the use of the plaintiff, and for a consideration which has failed, and 3300(pounds) damages"; and in suit No. P/5/…