ABBA BELLO MOHAMMED, JCA(DELIVERING THE LEADING JUDGEMENT): This is an appeal against the judgement of the High Court of the Federal Capital Territory, Abuja (the trial court), delivered by Hon. Justice Bello Kawu on the 6th of May, 2024. The Respondent (as Claimant) had instituted an action before the trial court vide Writ of Summons of 25th September, 2020 wherein, she sought for the following reliefs against the Appellant (as Defendant):
A declaration of the Honourable Court that the Defendant’s driver was negligent in his act of driving the Defendant’s Howo Truck with Registration NO. NSR 146 GBK – 5D-018 that occasioned the accident that led to the death of the Claimant’s husband (late Mr. Ibrahim Abubakar) sudden death.
A declaration that the negligent driving of the Defendant’s driver resulting in the accident that occurred during the ordinary course of the Defendant’s driver work schedule as an agent of the Defendant and the said Defendant is vicariously liable to the Claimant f…