MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering The Leading Judgment): This appeal is against the judgment of the Lagos State High Court, sitting at Badagry Judicial Division Corum Hon. Justice S. I. Sonaike delivered on the 3rd day of May, 2018 entering judgment in favour of the claimant (now the 1st respondent).
By the writ of Summons and amended statement of claim respectively filed on 22/2/2016, the claimant claimed against the defendants as follows:-
1. AN ORDER of the Honourable Court mandating the defendants to replace the Spencer Manlift Model No. MFC 8 with 30 metres crane height valued at N14,000,000.00 or payment of the cost of the crane.
2. Loss of income at N30,000.00 per day multiplied by 6 months excluding 8 day off days for servicing of the Manlift and continues after 6 months until judgment and final liquidation of the total sum.
3. Cost of this suit.
Upon service of the originating processes both defendants denied the above claim and in addition, the 2nd defendant counter-clai…