NONYEREM OKORONKWO, J.C.A.(Delivering the Leading Judgment): The appeal in this case, arose from the judgment of Hon. Justice F.I. Oyelaran of the Oyo State High Court delivered at Ibadan on 6th December, 2012.
The brief facts of the case leading to the appeal are as follows:-
The appellant - New Age Beverage Company Ltd, in the course of its business, engaged one Mrs. Abiola Odeyemi to procure sugar for its use in its manufacturing business.
The said Mrs. Abiola Odeyemi procured some quantity of sugar from the respondent and paid for the supply.
Subsequently, the respondent insisted on direct payment of supplies made to the appellant by the issuance of cheques direct to the respondent and in consequence, further supplies procured from the respondent by the same Mr Abiola Odeyemi were paid for by cheques issued in favour of the respondent and no longer Mrs. Abiola Odeyemi.
Between December 2009 and January 2010 the appellant requested for and was supplied with 700 bags of sugar by the…