ABUBAKAR DATTI YAHAYA, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of Justice C. U. Ndukwe of the FCT High Court delivered on the 22nd of October, 2015 dismissing a Preliminary Objection filed by the appellants.
The Respondent was the plaintiff at the trial court and he took a Writ out of the High Court of the FCT and in the statement of claim, prayed for-
A declaration that the plaintiff has suffered injury as the victim of the accident caused by the 3rd defendant in the service of the 1st defendant and the plaintiff is entitled to medical treatment and a repair or replacement of his damaged car from the defendant in the circumstance of this suit.
A declaration that the lukewarm attitude, and lacklustre response, failure and refusal of the 2nd defendant to refund plaintiff's medical expenses and replacement of plaintiff's damaged car despite all assurance and promise to plaintiff is wrongful and amounts to a breach of the promise to refund and repair in t…