JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): The 1st appellant, a limited liability company, is the registered owner of a DAF 2800 trailer with registration number XH 320 GME. The 2nd appellant is its Chairman, Managing Director and Chief Executive Officer. The respondent is the owner of a tipper trailer with registration number XA 509 MAN. On 17/2/2012, the respondent’s driver drove the said tipper trailer along Lafia/Nasarawa – Eggon Highway. At a point notoriously called “Many have gone Hill” the said driver rammed the respondent’s tipper track into the 1st appellant’s trailer, causing damage to the truck and the goods that were carried in it. At the material time, the trailer was stationary.
When efforts made by the respondent to replace the trailer by the purchase of another one for the 1st appellant and also pay some money for the damaged goods failed, the appellants sued the respondent (as 2nd defendant) and its driver, Sanni Adamu (as 1st defendant) at the High …