Delivering the Judgment of the Court:
In Suit No. LD/654/62, the plaintiff’s claim in his writ against the two defendants In the High Court of Lagos is set out hereunder:-“The plaintiff’s claim is for £1,750 payable by the defendants to the plaintiff for money received by the second defendant for the use of the plaintiff.
(1) On the 18th of January, 1960, the plaintiff paid £1,750 to the second defendant for the assignment of plot 2634 Apapa by the first defendant to the plaintiff.
(2) The said plot was subsequently sold by the first defendant to another person.”
Pleadings were ordered and delivered, and after some adjournments, Mr. Burke, learned counsel for the plaintiff sought and obtained leave to withdraw from the case on the 30th June, 1964, Eventually, hearing commenced on the 11th November, 1964, when Mr. Braithwaite appeared for the plaintiff who gave evidence and closed his case after tendering five documents one of which was marked exhibit E. Exhibit…