AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Anambra State High Court of Justice, sitting in Onitsha, delivered on 18th September 2006 in Suit No.O/547/2005. At the High Court (hereinafter called "the lower Court" or "the trial Court") the appellant as plaintiff thereat, sued the defendant now respondent, claiming the sum of five hundred thousand Naira only (N500,000.00) as money had and received by the defendant/respondent in cheque No. 509359 dated 2nd August 2004 for consideration which had totally failed. He also claimed interest on the said sum, at the rate of 21% per annum from 2/8/2004 until the amount is fully liquidated. Thirdly, the plaintiff/appellant also claimed the sum of thirty million Naira only (N30,000,000.00) as general damages for breach of contract.
Briefly put, the facts which gave rise to this appeal as could be gathered from the pleadings by parties, are that one Barrister Chuks Anah, the son of the plain…