H.F.P. ENGR. (NIG.)
V.
S.C.M. LTD

MUKHTAR JCA (Delivering the Lead Judgment): By a writ of summons filed on the 19 November 1993 in the High Court of Lagos State , the respondent who was the plaintiff at the lower court instituted an action against the appellant as defendant claiming, as contained in paragraph 19 of the further amended statement of claim dated 18 and filed on the 21 April 1995, the following reliefs:- “(1) Adeclaration that by virtue of anagreement in writingcontained in letters from the plaintiff to the defendant dated May 11 1992, and from the defendant to the plaintiff dated May 25 1992, the defendant is responsible for the repairs of the plaintiffs’ excavator damaged while in the service of the defendant at the defendant’s site on the 11 May 1993. (2) A declaration that by virtue of an agreement between the parties, partly orally, partly in writing and partly by conduct, the defendant agreed to pay to the plaintiff the current hiring rate of the excavator until the excavator is repaired by the d…