ATINUKE OMOBONIKE IGE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos High Court in suit No.LD/738/86 delivered on 16th March, 1987.
The Appellant as plaintiff in the lower court brought the following claims against the Defendant/Respondent:-
"Claim:
The plaintiff's claim against the Defendant is for the sum of N53,700.00 (Fifty Three Thousand, Seven Hundred Naira) being money paid by the plaintiff to the Defendant for a consideration which has wholly failed. The plaintiff also claims interest on the said sum of N53,700.00 at the rate of 12% per annum from the 1st day of May, 1985 until payment."
Pleadings were filed and exchanged by parties. The learned trial judge heard the case and at the close of the trial he dismissed the Plaintiff's claim. He held that the defendant was not liable to the Plaintiff for N53,700.00.
The Appellant is not satisfied with the said judgment and has appealed to this Court by filing the grounds of appeal in hi…