AFRICAN PETROLEUM PLC
V.
SOYEMI

GALINJE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice A. Marsh of the High Court of Lagos State, which was delivered on the 9th of June, 2003. The facts of the case that gave rise to the present appeal are ably set out in the parties’ briefs of argument. I will do no more than to recount same briefly in this judgment. The respondent herein who was the plaintiff at the lower court was an independent petroleum products haulage contractor, registered with the appellant and carried on business under the name and style of Robbins and Company. The appellant is a public liability company engaged in marketing of petroleum products. By an agreement signed by both parties on 10th July, 1982, the respondent was engaged as a carrier of the appellant’s petroleum products. On the 16th of December, 1994, the respondent’s tanker registration number LA 2024 DB, loaded with petrol from the appellant’s depot encountereddifficultieswhile ascendingthe Ijora f…