OYEKAN
V.
BP NIGERIA LTD.

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The appellant was the defendant in an action instituted in the High Court Lagos under the provisions of Order III, rule 9 of the Rules of Court applicable in that Court and placed on the "Undefended List". As on the writ, the claim against the appellant by the respondents, who were the plaintiffs in the High Court, was "for the sum of 7,205pounds (seven thousand, two hundred and five pounds), being money paid to the defendants by the plaintiffs in Lagos, on or about 9th September, 1965 as rent in respect of a lease of a parcel of land measuring 4,390 square feet situate at Great Bridge Street, Lagos the consideration for which has totally failed." The facts of the case are simple, the issues to be decided, and which were decided by the High Court, are circumscribed and the matter for consideration on appeal confined within a small compass. As suggested by the writ, the claim is for a refund of part of money already paid by the …