ABIRU JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Kaduna State High Court in suit No. KDH/KAD/372/ 2002, delivered by Honorable Justice M. T. M Aliyu, on 23 September 2004. The respondent, as plaintiff, commenced the action in the lower court against the appellant, as defendant, and his claim was for the sum of N350,500.00 (three hundred and fifty thousand, five hundred naira), being the cost of building materials sold and delivered to the appellant by the respondent at the appellant’s own request and for which the appellant has failed, refused and neglected to pay despite repeated demands.
The case of the respondent on the pleadings was that in 2001, the appellant was awarded a contract for the construction of a car park in the Nigerian Teachers Institute in Kaduna, and the appellant appointed one Tom J. Omaidu as the supervisor of the contract and as its representative at the project site. It was its case that the said Tom J. Omaidu acted on behal…