<p><strong> YAHAYA JCA (Delivering the Lead Judgment): </strong> A writ of summons was taken out of the High Court of Justice, Yola, by the respondent as plaintiff on 1 June 2001, against the appellant as defendant. The statement of claim prayed for the following reliefs against the appellant: The sum of N2,215,000.00 (two million, two hundred and fifteen thousand naira) being money due from the defendant to the plaintiff ascost of hiring theplaintiff’s block moulding machine and power generating set between 10 January 2000 and 10 January 2001, or in the alternative as loss of earning from the machineries for the period the defendant kept same in its custody. 10% interest on the sum of N2,215,000.00 (two million, two hundred and fifteen thousand naira) from January, 2001 until the date of judgment and thereafter at 10% per annum until the judgment debt is finally liquidated.</p><p>The facts as disclosed at the trial high court, show that the respondent entered into a contractual agreement with the appellant to …</p>