R.G. OKUWOBI V. JIMOH ISHOLA

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit No.MIK/347/67 before Gomez, Chief Magistrate, Ikeja, the plaintiff claimed the sum of 400 pounds as outstanding balance against the defendant "in respect of money received by the defendant from the plaintiff between June and August 1962 for a consideration which totally failed". The plaintiff s brother had there testified that one Salu Kayaoja had sometime in 1962 introduced the defendant to him as desirous of selling a house, and that he thereupon introduced the defendant to his brother, the plaintiff. The house in question was then still in the course of construction and the plaintiff agreed to purchase it for 2,000 pounds, at the same time paying 600 pounds as the first instalment and agreeing to pay the balance on completion of the house. When the plaintiff attempted to tender two receipts one purchase receipt for 500 pounds, and another for 100 pounds, the learned Chief Magistrate rejected them as inadmissible, but th…