IBRAHIM SHATA BDLIYA JCA (DELIVERING THE LEADING JUDGMENT): The facts or events culminating to the litigation at the Kaduna State High Court of Justice (the lower court) and subsequently to this court (the Court of Appeal) are simple and straightforward. The respondent (who was the plaintiff) at the lower court, is a businessman dealing in buying and selling of cars. He resides in Kaduna, Kaduna State. The 1st appellant (also a businessman) was the 1st defendant residing in Kaduna. The 2nd appellant (as 2nd defendant) is a company whereat the 1st appellant carries on his business. In or about the year 2006, the respondent imported a Chevrolet Avalanche pickup, 2002 model, valued at three million naira (₦3,000,000.00).
The said vehicle was placed at the premises of the 2nd appellant which was owned by the 1st appellant. The 1st appellant and the respondent entered into an agreement whereby the car was to be sold by the 1st appellant at any price provided that the sum of ₦3,000,000.00 w…