O’bau Engineering Ltd V. Almasol (Nig.) Ltd (2022)

LAWGLOBAL HUB Lead Judgment Report

ABDU ABOKI, J.S.C. 

This appeal is against the judgment of the Court of Appeal, sitting at Lagos, delivered on the 10th of December, 2012.

The Appellant, as Plaintiff, commenced this suit at the trial High Court of Lagos State, against the Respondent, claiming the following reliefs:

(1) A DECLARATION that the monthly rental contract of 1st March, 1987, between the Plaintiff and the Defendant wherein the Defendant hired from the plaintiff and for a fee all the Plaintiff’s equipment mentioned in paragraph 4 above is a valid and subsisting contract.

(2) The sum of N43,316,600.00 (Forty-Three Million, Three Hundred and Sixteen Thousand, Six Hundred Naira) being arrears of rent due to the Plaintiff under paragraph 18 above.

(3) Mesne profit on the sum in paragraph 31(2) above from November 1997 until all the equipment are returned to the Plaintiff at the prevailing hiring market rate per month for the Plaintiff’s equipment as may be led in evidence, bit and lower than the rate of N684,500.00 (Six Hundred and Eighty-four Thousand, Five Hundred Naira only) per month being the prevailing market rate as at October 1997.

ALTERNATIVELY, (to paragraphs 31(2) and 31(3) above

(4) The sum of N11,176,000.00 (Eleven Million, One Hundred and Seventy-Six Thousand Naira) being arrears of rent due to the Plaintiff under paragraph 19 above.

(5) Mesne Profit on paragraph 31(4) above from November, 1997, until all the equipment are returned to the Plaintiff at the initial hiring rate for the equipment at the rate of N88,000.00 (Eight-Eight Thousand Naira) per month.

(6) An order directing the Defendant to return forthwith the entire Plaintiff’s equipment in its possession under paragraph 23 above in working condition.

ALTERNATIVELY

(7) The sum of N11,871,000.00 (Eleven Million, Eight Hundred and Seventy-One Thousand Naira) being the value of the Plaintiff’s equipment under paragraph 23 above.

(8) The sum of N3,656,000.00 (Three Million, Six Hundred and Fifty-Six Thousand Naira) as special damages for breach of contract under paragraph 26 above.

(9) The sum of N15,375,000.00 (Fifteen Million, Three Hundred and Seventy-five Thousand Naira) as special damages for breach of contract under paragraph 26 above.