ECTO (NIG.) LTD
V.
GOODWILL & TRUST INV. LTD

(2010) JELR 57707 (CA)    

Court of Appeal  ·  CA/L/386/2004 ·  21 Jun 2010 ·  Nigeria
CORAM
ADZIRA GANA MSHELIA JCA HUSSEIN MUKHTAR JCA
Core Terms Beta
naira
respondent
exhibit p2
1st appellant
exhibit p12
parties
interest
learned trial judge
trial court
generating set
lower court
lead judgment
agbo jca
contracted rate of n15,000.00
loss of goodwill
return freight
2nd appellant
amended statement of claim
further claim
judgment sum
mr. johnson of goodwill
rate of n15,000.00
refundable deposit of n20,000.00
250kva rolls royce generator
appellant claims
appellant tookpossession of the generating set
award of damages
business of generators maintenance
close scrutiny of the pleadings
day rental of the respondent
effective contract date
exhibit p
failingto hold
following reliefs
general damages
high court
immediate payment of n125,000.00
implied contract ofbailment betweenthe parties
initial contract
making of exhibit p12
mr. m. naali dear sir
multifarious exhibits
purported implied contract of bailment
rentage of 250kva generators
rental fee
return freight deposit n20,000.00
statement of claim
such obligation
sum of n105,000.00
terms of hire

AGBO JCA (Delivering the Lead Judgment): The respondent is engaged in the business of generators maintenance and rental. In March 2000, the 1st appellant acting through the 2nd appellant approached the respondent for a 7 day rental of the respondent’s 250KVA generating plant. The respondent set out its terms of hire in exhibit P2. Exhibit P2 is of very serious import to this transaction and bear reproduction. 18 March 2000

The Managing Director, Etco Nigeria Ltd, (Engineering and Technical Co. ) 14, Creek Road, Apapa.

Attn: Mr. M. Naali Dear Sir,

Rentage of 250KVA generators

Based on the discussions I had with Mr. A. Williams on your behalf, my company is glad to rent out our 250KVA Rolls Royce generator to your company at the rate of N15,000.00 (fifteen thousand naira only) per day for seven (7) days.

The effective contract date is the date the generator is freighted to your company.Also note that your company shall be responsible for the freight from our office to your site and back …

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