For the purpose of establishing a market for the community of Nnewi private land was acquired from the various families affected and it would seem that payment of compensation had been agreed with all the families except one, that headed by the plaintiff in Suit No 13/70. The accredited representatives of the community offered to pay the plaintiff N100 as compensation, but the plaintiff rejected the offer on the ground that his family land formed the largest part of the area acquired for the market and the amount offered was far too little. When he got no satisfaction from the defendants, Chief K.O. Orizu and ten others, who were respectively the paramount chiefs and other elders of the community, the plaintiff brought an action in the Onitsha High Court in Suit No. 13/70 against the defendants. As the progress on the establishment of the market was being hampered as a result of the dispute between the plaintiff and the defendants, the Nnewi Tax Association intervened and, with the concurrence of the court, a meeting was soon called in the home of one Chief Obi at which were present the Nnewi Tax Payers Association, the Planning Committee, the defendants, the plaintiff and a few others. After a full discussion of the matter, it was agreed as per Exhibit F that the plaintiff should be reimbursed the sum of N100 as part of his expenses of the litigation thus far and that, after both parties had jointly addressed a letter to the Registrar of the Onitsha High Court to that effect and after the terms had been settled, the plaintiff should withdraw the action against the defendants, whose emissaries should find out from the plaintiff the total sum as evidenced by official receipts to be produced by the plaintiff. On July 6,1971 the emissaries, consisting of the two plaintiffs and another man (P.W.2) who was a relation of the plaintiff in that case, called on the latter with one bag or carton of money in currency notes of different denominations ranging from five shillings to one pound notes, and this bag was left with the plaintiff as the money agreed to be paid to him against the receipt of £881 (N1,762.00) which was the total amount of the official receipts produced to the emissaries by the plaintiff in his house. The three emissaries obtained an undertaking in terms of Exhibit A from the plaintiff and left, promising the plaintiff that any short fall in the total amount that might be detected after counting the money in the bag would be made good as soon as the plaintiff would let them know. On counting the total money with his children after the emissaries had left, the plaintiff discovered that ft was £14 short and accordingly, sent to the defendants for the balance which was duly paid up.

When, after receiving the £881, the plaintiff in the Onitsha High Court case had not withdrawn the matter from the court, Dr. Ikedife and Edward Obi as plaintiffs in the present case, Suit No. 70/72, brought an action against Clement Obienu as defendant (framed in quasi-contract against him) for money had and received for a consideration that had totally failed and for damages for breach of contract. The learned trial judge gave judgment in favour of the defendant on the ground that both claims by the two plaintiffs had not been established.