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MUHAMMAD, JCA (Delivering the Lead Judgment): The appellant herein as plaintiff at the Benue State High Court holden at Makurdi, was a business woman residing in Makurdi. She took a writ of summons from the lower court against the defendant, a business woman also, working with the Better Life Organization in Ogbadibo Local Government.
The claim against the defendant was in the sum of N124,000.00 which she refused to pay. The plaintiff alleged that on or about the 30th of June, 1993 and 1st of July, 1993, the defendant made an offer to the plaintiff to sell six allocation papers for fertilizers issued by the Benue State Agricultural and Rural Development Authority (BNARDA) which offer the plaintiff accepted. In course of negotiations, the parties agreed that the plaintiff shall pay the official/ government rate of N48,000.00 for 60 bags of fertilizer to BNARDA per each allocation, and a further N20,000.00 per each allocation paper to the defendant as her commission/gain. The plaintif…