copies of the deposit slip number: 4433351 and 4433352 which he uses to make the payment were handed over to the 1st Defendant. In prove of the payment, the Plaintiff tendered Exhibits AA1 and AA2 i.e. the said Exhibits AA1 and AA2 are the bank slips /teller. However, the 1st Defendant in its defence had pleaded that its standard procedure is when money is paid into its account, the person/client who pays the money gives them a copy of the bank teller where upon a receipt is issued to the person. And that in the present case it was one Mr. C. F. Attang who approach it for the said shop in issue and not the Plaintiff. In essence the 1st Defendant dispute that there is any agreement between it and the Plaintiff for the purchase of any shops in issue. In the case of Ogbonna V. Ogbuji (2014) 6 NWLR (pt. 1403) 205 @ 227. The Court of appeal defines an agreement as follows: “Agreement is a mutual understanding between two or more persons about their relative rights and duties regarding past or future performances; performances; a manifestation of mutual assent by two or more person”. There is no dispute to the facts that the Plaintiff took tellers or bank slips to the 1st Defendant purporting to be purchasing a shop in issue but was there an agreement between them for the Plaintiff to purchase the shops? This is the fulcrums upon which this case is hinge. Where there is no agreement between parties there cannot be a breach of any such agreement. On the face of it and from the view point of the Plaintiff, it would seem that once the Plaintiff brought the teller then, there was an agreement for him to purchase the shops established. But is that the case? I do not think so. In the evidence of DW1, he stated before the Court that the Plaintiff brought two bank tellers to the 1st Defendant and introduced 19

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