ABOKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal sitting at Lagos, delivered on the 10th of December, 2012.
The appellant, as plaintiff, commenced this suit at the trial High Court of Lagos State, against the respondent, claiming the following reliefs:
A Declaration that the monthly rental contract of 1st March, 1987, between the plaintiff and the defendant wherein the defendant hired from the plaintiff and ‘for a fee all the plaintiff’s equipment mentioned in
(1) paragraph 4 above is a valid and subsisting contract. The sum of N43, 316,600.00 (Forty-Three Million, Three Hundred and Sixteen Thousand, Six Hundred Naira) being arrears of rent due to the plaintiff under (2) paragraph 18 above.
Mesne profit on the sum in paragraph 31(2) above from November 1997 until all the equipment are returned to the plaintiff at the prevailing hiring market rate per month for the plaintiff’s equipment as may be led in evidence bit and lower th…