Facts:

The claimant, Mr. Eze commenced an action in the High Court of Lagos State claiming the sum of N788,000.00 being money had and received by the defendant, Mr. Elikwu for a consideration that had totally failed with interest thereon at the rate of 13% from the 9th of May until judgment thereof. The facts that led to the cause of action are that the claimant ordered and paid for containers from the defendant, but the defendant did not deliver them to him. The claimant at the trial was able to establish that he paid into the defendant’s accounts the sums claimed. According to the claimant the defendant caused him to pay into the 2 accounts of one Benedict Malime which the defendant opened and operated as his personal account for the purchase of the containers, which he did not deliver to the claimant, and which money he did not refund. The claimant thereafter brought an action against the defendant for a consideration that has totally failed, and he urged the court to compel the defendant to refund the sums claimed by him with interest.