I. F. OGBUAGU, JSC. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal, Lagos Division (hereinafter called "the court below") delivered on 17th December, 2002 allowing the appeal of the Respondent and setting aside, the Judgment of the Lagos State High Court delivered on 26th October, 2000 - per Fafiade, J. and dismissing the Suit filed by the Plaintiff/Appellant.
Dissatisfied with the said Judgment, the Appellant has appealed to this Court on four (4) grounds of appeal with the leave of this Court. It has formulated four (4) issues for determination, namely;
"( 1) Whether the Court of Appeal was correct in its view that there was no valid contract between the
Plaintiff/Appellant and the Defendant/Respondent for the supply of Sodium Sulphate in spite of the evidence on the record before it.
(2) Whether it was right for the Court of Appeal to hold that the contract between the Appellant and the Respondents which was expressly referred to be…