BENDEL PILGRIMS WELFARE BOARD
V.
IRAWO
·
JUSTIN THOMPSON AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal from a judgment of Oki, C.J. of the then High Court of Bendel State (but now Edo State) sitting in Benin City, in Suit No. B/181/83 delivered on 27th October, 1988, wherein he dismissed in its entirety the plaintiff's claim against the defendant for the sum of N101,001.00 being balance of debt owed the plaintiff by the defendant in respect of Hajj operations in 1977/1978. The plaintiff being dissatisfied with the said judgment has now appealed to this court.
At the trial court the claim of the plaintiff was worded as follows:-
Sometime in 1978 the plaintiff handed some control cards for pilgrims travelling to Saudi Arabia to the defendant in Benin-City within the jurisdiction of this Honourable Court. The control cards were to be sold at N691.00 per card or returned to the plaintiff. The defendant sold all the control cards, paid part of the money to the plaintiff and has since refused, neglected and …