CLARA BATA OGUNBIYI, JCA (Delivering the Leading Judgment): Briefly the plaintiff/appellant at the lower court had claimed in his writ of summons against the defendants/respondents jointly and severally the release to him of 1,000 units of Guinness Nigeria Limited, the stocks sold to him, the plaintiff, by the 1st defendant/respondent on 23rd October, 1969 for the sum of E1,284. 10s. 4d against the plaintiff/appellant's cheque No.364566/172662 of 21st October, 1969 together with all dividends due thereon from 23rd October, 1969. In the alternative, the plaintiff/appellant claimed the sum of Pound 1,284. 10s. 4d from the said defendants/respondents jointly and severally, being money had and received for a consideration which had failed plus interest on the said amount at 21% per annum from 23:10:69 until judgment and thereafter, at 9% until the total judgment debt and costs have been liquidated.
The plaintiff/appellant claimed that the 1st respondent is a limited liability company enga…