I. F. OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is another Interlocutory appeal against the Judgment of the Court of Appeal, Lagos Division (hereinafter called "the court below") delivered on 29th April, 2002, dismissing the appeal to it by the Appellant. Dissatisfied with the said Judgment, the Appellant, has further appealed to this Court on, three Grounds of Appeal. Without their particulars, they read as follows:
(1) The learned Justices of the Court of Appeal erred in law when they held as follows:
"......In paragraph 9 of the Statement of Claim, it was pleaded that the deposit paid to the defendant was made in three installments the last of which was made on 21/10/86.
It is manifest therefore that by the contract of the parties themselves, the obligation of the defendant to commence repair work and to return the equipment to the plaintiff would only mature subsequent to 21/10/86 when the last installment of the deposit was made. The conversion, if any, of plainti…