CHIDUME OKORO ADA CHIDUME OKORO V. IKECHI OKORO

DONGBAN-MENSEM JCA (Delivering the Lead Judgment): In a claim the learned trial Judge, the Hon. Justice A.A. Oyebanji (Mrs.) declared to be a “simple contract” agreement, the respondent as claimant before the trial court sought these relief:

“1. The sum of $184,512.02 (one hundred and eighty-four thousand, five hundred and twelve dollars, two cents) or ₦25,831,682.80 (twenty five million, eight hundred and thirty- one thousand, six hundred and eighty-two naira, eighty kobo), its naira equivalent, payable by the defendants to the claimant being outstanding balance of money had and received by the defendant for the use of the claimant for a consideration that has totally failed.

2. Interest on the sum at the rate of 30% per annum until payment.”

The claimant elected the summary list procedure in accordance with the provisions of Order 11, rule 1 of the High Court of Lagos State (Civil Procedure) Rules. The respondent prayed the High Court for an order as follows:

“Entering final judgme…