S.C.M.LTD.
V.
H.E.P.ENG.(NIG.)LTD.

OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, holden at Lagos delivered on 5th July, 2007 wherein the lower court set aside the decision of the trial High Court of Lagos State. A brief facts giving birth to this appeal are as hereunder stated.

By a writ of summons filed on the 19th of November, 1993 in the High Court of Lagos State, the appellant who was the plaintiff at the High Court instituted an action against the respondent as a defendant claiming, as contained in paragraph 19 of the further amended statement of claim dated 18th of April, 1995 and filed on the 21st April, 1995, the following reliefs:-

“1. A declaration that by virtue of an agreement in writing contained in letters from the plaintiffs to the defendants dated May 11, 1992 and from the defendant to the plaintiffs dated May 25, 1992, the defendants are responsible for the repairs of the plaintiffs’ excavator damaged while in the service of the defendants…