OBANDE FESTUS OGBUINYA, JCA (Delivering the Leading Judgement): This appeal queries the correctness of the decision of the High Court of Cross River State, holden at Calabar (hereinafter addressed as “the lower court”), coram judice: Michael Edem, J., in suit No. HC/193/2014, delivered on 7th March, 2017. Before the lower court, the appellant and the respondents were the defendant and the claimants respectively.
The facts of the case, which transformed into the appeal, are amenable to brevity and simplicity. The appellant is a construction company while the first respondent carries on the business of equipment/machine leasing. The respondents alleged that the appellant hired their compactor roller machine on 19th February, 2014, for a one-day use on 21st February, 2014, at its NDDC Crospil Site at Asari Eso Calabar. The appellant paid the sum of N70,000.00 as the hire agreement fee for that day only. The respondent took the compactor roller machine to its other site at Odukpani Local…