JUDGMENT
OLLENNU J.S.C.
This is an appeal from a judgment of Jiagge J. delivered on the 23rd March, 1962, in favour of the plaintiff, respondent in this court for £G3,380 claimed by him as "damages for failure of consideration and for damages for breach of covenant for quiet enjoyment." The alleged failure of consideration and the alleged breaches complained of are in respect of covenants contained in an indenture of assignment dated the 23rd March, 1961, by which the defendant, the appellant herein, assigned to the respondent for a consideration of £G3,000 his interest in a piece of land which he held under and by virtue of an indenture of lease dated the 10th January, 1947, registered as No. 33/1947 in the Lands Registry. The appellant denied liability. The main issues joined for trial were (a) whether or not consideration for the assignment had failed; and (b) whether the appellant had committed a breach of his covenant.
Obviously the onus of proving each of the issues joined is upon …