ELIAS, C.J.N. (Delivering the Leading Judgment): This appeal against the judgment of the Ikeja High Court delivered on September 27, 1971 raises an important question of pleading. Therein, Dosunmu J. nonsuited the plaintiff who claimed to have made a series of payments totaling 16,350 Pounds in 1968 to the defendant in old Nigerian currency notes for exchange into new Nigerian currency notes and which the defendant had failed to exchange for the plaintiff.
The matter arose in the following manner. The plaintiff's writ of summons reads as follows:
"The Plaintiff's claim against the Defendant is for the sum of 16,350 Pounds being money paid in 1968 by the Plaintiff to the Defendant in old Nigerian Currency notes to be exchanged by the defendants into new Nigerian Currency notes and which the defendant has failed to exchange for the Plaintiff. In the alternative the plaintiff claims the said sum as money had and received by the defendant to the use of the plaintiff."
In her Statement of …