UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellant herein, which was the Plaintiff at the Lower Court is in the transportation business. The Appellant is the owner of a Toyota Hiace vehicle with Registration number XP 621 LND which it uses to transport fare paying passengers. On 26th, April 2007,the Appellant's said Hiace vehicle was travelling between Lagos and Onitsha, when at Agbor along the Benin-Onitsha Expressway it was involved in an accident with a MAN Diesel Truck belonging to the 3rd Respondent and which was at the material time driven by the 1st Respondent. The Appellant's Toyota Hiace vehicle was damaged. On 21st April 2008, the Appellant instituted proceedings against the Respondents claiming special and general damages for the damage and loss occasioned.
Upon being served with the originating processes, the 3rd Respondent entered a conditional appearance and further filed a preliminary objection challenging the competence of the action and …