LEGAL PRINCIPLE: CIVIL PROCEDURE – Restitution – Action for Money Had and Received
PRINCIPLE STATEMENT
In an action for money had and received, the obligation to repay is imposed by law based on the circumstances and what the court determines is just and reasonable, independent of the parties' consent, intention, or contractual privity.
RATIO DECIDENDI (SOURCE)
Per Ogundare, J.S.C., in Adesina & Ors v. Kola & Ors (1993) NLC-751987(SC) at p. 25; Paras B–C:
"The obligation (to repay) is imposed by the court simply under the circumstances of the case and on what the court decides is just and reasonable having regard to the relationship of the parties. It is a debt or obligation constituted by the act of the law, apart from any consent or intention of the parties or privity of contract."
EXPLANATION / SCOPE
This principle articulates the equitable foundation of restitutionary remedies, particularly actions for money had and received. The cause of action is a quasi-contractual obligation imposed by law to prevent unjust enrichment, not dependent on actual contractual relationships between parties. The court exercises discretion based on justice, equity, and the specific circumstances, including the nature of the parties’ relationship. This allows courts to order repayment even where no contract exists, where a contract has failed, or where money has been paid under mistake or compulsion. The remedy ensures that parties do not retain benefits that would result in unconscionable enrichment at another’s expense.