CIVIL DESIGN CONSTRUCTION NIG. LTD. V. SCOA NIGERIA LIMITED

W. S. N. ONNOGHEN, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holden at Lagos in appeal No. CA/L/243/93 delivered on the 9th day of February, 2001 in which the court held as follows:

"1. The plaintiff claim in respect of Rig. No. LA 2632 WD succeeds and the plaintiff is awarded:

(a) The sum of N3,300.000.00 as the market value of the Rig at the date of judgment of the lower court.

(b) N560,000.00 as damages for loss of income on the Rig for 260 days at the rate of N2,000.00 per day.

2. The claims of the plaintiff on rig No. LA 8509 WD are refused as the plaintiff did not show that a Rig is a motor vehicle within the meaning of section 1 of the Hire Purchase Act, Cap. 169.

3. The award of the sum of N319,806.00 on the scrappers are affirmed; and this court sees no reason to award more than that amount.

4. On the counter claim by the defendant, judgment is given in favour of the defendant for the sum of N108,324.16 the breakdown …