AUGIE JCA (Delivering the Lead Judgment): The respondent, a chartered estate surveyor, was involved in the sale of an industrial property at Plot 713, Acme Road, Ogba Industrial Estate, Ikeja - Lagos. By a letter dated 24 October 2007, the appellant requested him to officially state his “selling price so as to start negotiating and processing in other to conclude on the transaction” over the said property. This appeal turns on the question of whether there was an agency relationship between him and the appellant, and the genesis of the dispute is his reply dated 25 October 2007, wherein he stated:
“Further to your interest vide your letter dated 24 October 2007, We are pleased to offer you the above captioned property for outright purchase on-behalf of our client based on the following main terms and conditions subject to contract ...General: The prospective buyer shall be responsible for obtaining consent to the transaction. The prospective buyer shall be responsible for paying …