Facts:

Mrs. Amusan, the defendant/appellant engaged the plaintiff/respondent Mr. Obideyi, to do the terrazo work of the floor of her building sometime in 1983. To carry out the job, the plaintiff brought to the premises a Bernard Terrazo Washing Machine. The work was suspended in 1985, but resumed again in 1986. When the work did not progress as it should, the plaintiff complained that his machine with which he worked in the defendant’s building was seized and detained by the defendant in April 1986. This was denied by the defendant. There were exchanges of correspondence by both parties through their counsel. The Plaintiff finally filed this suit in court on 22/6/92 challenging the unlawful detention of his Terrazo Floor Washing Machine.

The parties filed and exchanged pleadings. Thereafter the defendant by motion on notice prayed the court for an order setting down for hearing