"Chitty on contracts general principles, volume 1, page 6, paragraph 1004 captured a situation as the one existing in this case and the general concept of agreement in the following words:-

'Moreover, even though it is true that the existence of an agreement is in the vast majority of cases a condition for the existence of a contract not contained in a deed, this statement ought to be treated with some caution.

First, the existence of an agreement is not an issue merely of fact, to be found by a psychological investigation of the parties at the time of its alleged origin.

English law takes an "objective" rather than a "subjective" view of the existence of agreement and so its starting - point is the manifestation of mutual assent by two or more persons to one another ."

Agreement is not a mental state but an act, and as an act, is a matter of inference from conduct.

The parties are to be judged, not by what is in their minds, but by what they have said or written or done."

Per PER MUKHTAR, J.S.C in Alhaji Jimoh Ajagbe Vs Layiwola Idowu (2012) 37 W.R.N Page 18 ...