JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court, Makurdi Division (the trial Court) in Suit No- FHC/MKD/40/2014 delivered on 22/5/2015. In the ruling, the trial Court struck out the preliminary objection of the appellants which challenged the competence of the action and consequently the competence of the trial Court on the ground that the suit was statute - barred.
The facts of the matter leading to this appeal may be summarized as follows: It is stated in the statement of claim of the respondent that on 29/5/2013, the respondent was driving his vehicle loaded with 1700 cartons of Indomie from Lagos to Gboko, Benue State. At Odoba Hill, Ogbadibo Local Government Area of Benue State, he met a convoy of the 1st appellants vehicles in the opposite direction heading towards the southern part of Nigeria. In an attempt to dodge a pot hole, the driver of the Bullion van in the 1st appellants convoy (the 2nd appellant) c…