YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of HON. JUSTICE A.M. NICOL-CLAY of the High Court of Lagos State delivered on the 24th day of November, 2010 wherein the trial court entered judgment for the appellant and dismissed the counter claim. The appeal is against refusal to award damages. Appellant filed a Notice of appeal dated 2nd February, 2011 on the 3rd February, 2011 setting out 9 grounds of appeal.
The brief facts of this appeal are that the appellant's vehicle, a Mercedes Benz 230 with registration number CD-26-RC had an accident with 4th Respondent's vehicle, a Mercedes Benz 200 with registration number EKO-78-SMK. The 4th Respondent accepted liability and submitted a copy of third party insurance policy with the 3rd Respondent to the appellant with a view to getting her car repaired but the 1st and 2nd Respondents, after taking possession of the Appellant's car for repairs, failed to return same. The claim of the …