Contract—Money had and received—Essential ingredients—Proper basis for action
for money had and received.
Practice and procedure—Parties—Proper party to be sued—Action against chief
enjoying dual capacity—Determination of capacity in which he acted—Chief claiming
compensation for compulsory acquisition of stool land under Act 123—Evidence that
chief acted in private capacity—Whether action against chief in respect of
compensation received maintainable—Proper application of principle that a chief or
head of family cannot be sued for account—Administration of Lands Act, 1962 (Act
123), s., 18.
Practice and procedure—Representative action—Action by one or more on behalf of
whole—Circumstances in which some subjects of stool can institute representative
action to recover compensation for oman without authority of oman—Purpose of
exceptions in Kwan v. Nyieni—Whether right of family member to institute
representative action to preserve family character of property restricted to actions
against non-members of family only—Whether principle confined to land cases only—
High Court (Civil Procedure) Rules, 1954 (L.N. 140A), Order 16, r. 9.