ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the leading Judgment): This appeal flows from the decision of the Lagos State High Court delivered on the 28th of November, 2013; coram ADEFOPE-OKOJIE, J., dismissing the claim of the Appellants to have the 1st Respondent bear liability and indemnify the Appellants for the judgment obtained against the Appellants by the 2nd Respondent. The Appellants dissatisfied with the judgment filed a notice of appeal on 22/1/14 containing two grounds of appeal.
Parties exchanged briefs with the Appellants' filed on 12/9/14 but deemed 11/5/15 and a reply brief filed 2/6/16 by Lionel O. Garrick, Esq. of Forte Legal Partners while the 1st Respondent's brief was filed 3/11/15 and deemed properly filed 24/5/16 by Dr. Wale Olawoyin, SAN; Wole Omisade, Esq. and Funke Akanbi (Mrs.) all of Olawoyin and Olawoyin. The 2nd Respondent did not file any brief.
The Appellants' counsel distilled two issues for determination thus:
1. Whether the lower Court was co…