OGOR MICHAEL VS THE QUEEN
September 8, 2025ABIGAIL FOLASHADE VS ALHAJI A. A. O. DUROSHOLA
September 8, 2025Legalpedia Citation: (1961-03) Legalpedia 45232 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Mar 16, 1961
Suit Number: SC. 109/1960
CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
G. O. LAJA
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
LAW OF CONTRACT-MONEY HAD AND RECEIVED
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The respondent was paid over 10 pounds for the supply of logs which he did not supplied.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the appellant was entitled to get back the money for failure of consideration in an action for money had and received.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the whether the appellant was entitled to get money the money paid for a failed consideration.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
MEANING OF FAILURE OF CONSIDERATION.
‘A complete failure of the consideration of a contract occurs where one of the contracting parties fails to receive some benefit or valuable consideration which springs from the root and is in the essence of the contract.’ Per Bairamian, F.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Rowland v. Divall, 1923, 2 K.B.
Hunt v. Silk, 1804, 5 East, 449
STATUTES REFERRED TO
Not Available
