MONICA BOLNAAN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This appeal challenges the decision of the High Court of Justice of Oyo State delivered by Hon. Justice E. Esan on the 19th of August, 2011.
The Respondent was the Plaintiff at the trial in whose favour Judgment was entered against the Appellant who was the Defendant.
The facts which gave rise to the suit culminating into this appeal are better appreciated by a reproduction of the relief sought before the trial Court. These are stated in Paragraph 47 of the statement of claim at pages 6-10 of the records for this Appeal which record was transmitted to this Court on the 29/10/12 but deemed dully transmitted on the 18/10/16.
47 WHEREOF the Plaintiff Claims against the Defendant as follows:
a) A declaration that the Regional Director of Defendant, Mr. Bambe and Mr. Awe having held themselves out as having the authority of Defendant to negotiate with Plaintiff and receive a lesser amount than is owed Defendant on the con…