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 …