JAMES O. JEGEDE V. MADAM ALIMOTU L. GIWA & ORS

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In these proceedings which were commenced in the High Court of Lagos State, the plaintiff claimed against the defendants jointly and severally the sum of 1,500(pounds) (N3,000) being money paid to the defendants by the plaintiff on the 11th day of November, 1967, and expenses incurred by the plaintiff in respect of a consideration which has totally failed.

Paragraphs 2, 3, 4, 6 -17 of the plaintiff's Statement of Claim read:-

"2.The plaintiff avers that by a purchase receipt dated the 11th day of November, 1967 the plaintiff paid to the defendants the sum of 800 (Eight Hundred Nigerian pounds) sterling as the full purchase price of the said land.

3.The plaintiff avers that under and by virtue of a Deed of Conveyance dated the 29th day of January, 1968 and registered as No. 38 at page 38 in Volume 1274 of the Lands Registry in Office at Lagos the defendants conveyed the said land to the plaintiff.

4.The plaintiff avers that …