A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Western State Court of Appeal delivered on the 4th day of July, 1974, in the appeal to it by the 4th defendant/respondent against the judgment of Fakayode, J., sitting in the High Court of Justice holden at Ibadan on the 10th day of May, 1972.
Before the hearing of the appeal and on the application of the plaintiff/appellant,
Mrs. Comfort Waleola Oyesina
Mrs. Yetunde Babayeju (nee Oyesina)
Mr. Tunji Ladipo Oyesina
Mr. Abioye Oyesina (Adminstrators
And Administratrixes/Trustees of the Estate of Chief T. L. Oyesina (Deceased) were substituted for the 1st defendant/respondent, who died after the appellant filed his notice of appeal.
The plaintiff in the High Court, took out a Writ of Summons against the 1st defendant/respondent claiming
"a refund of 600 (Six Hundred Pounds) given to him in 1967 for a consideration that has totally failed. The defendant has refused to refund despit…