JUDGMENT

Akhtar Tahir J:

Introduction

[1] The Plaintiff's claim is for the return of the sum of money remitted to the Plaintiff from a 3rd party deposited in the 1st Defendant's Bank account at the behest of the 2nd Defendant and now being wrongfully withheld by the Defendants.

[2] There is a chequered history to the proceeding in this case which arose as a result of a number of appeals to the Court of Appeal which resulted in remittance back from the Court of Appeal. The Court do not intend to elaborate the details here.

[3] Suffice to state that the present remittance to this Court from the Court of Appeal is to continue with the Trial by hearing the evidence of the Defendants which the Court had earlier expunged from record.

[4] This Court had barred the 2nd Defendant from testifying on behalf of the Defendants at the trial as the Defendants had committed contempt of a Court of Appeal order directing the Defendants to deposit a sum of money to Court which they had failed to do.

[5] This Court resumed the trial as directed by the Court of Appeal and considered the entire evidence of both the Plaintiff and the Defendant before allowing the Plaintiff's claim.

The Brie