Appellant (as plaintiff) sued respondents claiming N276,730.00 as balance of money had and received for a consideration which had totally failed.

The suit was on the undefended List and the Defendants duly put in a joint notice of intention to defend the suit.

The suit was originally before Mbachu J. who ordered pleadings. The plaintiff adopted its particulars of claim as its statement of claim. The defendants filed a joint statement of Defence. The suit then proceeded to trial. The plaintiff closed its case after the testimony of their sole witness. The Defendants however petitioned for a transfer of the case whereupon Mbachu J., transferred the same to High Court No. 2 before Jonah Johnson J. Jonah Johnson J. commenced hearing de novo on the 13th day of June, 1988. The learned trial Judge, on the 4th of October, in a reserved judgment, dismissed the plaintiff’s claim with costs.

TAll evidence pointed to a personal contract and it was fatal to the appellants case that its other officers who were said to know about the transaction were not called to give evidence that would fill the gaps.