U. A. KALGO, J.S.C. (Delivering the Leading Judgment): The only issue to be determined in this appeal as formulated by the appellant in its brief and adopted by the respondent is:-
"Whether the Appellant's claim is statute barred by virtue of the provisions of Section 4 of the limitation law Cap. 89 Laws of the Bendel State 1976 (applicable to Delta State)."
This case may properly be regarded as one with a chequered history and it appears to me pertinent and desirable to set out, albeit briefly the facts and circumstances which gave rise to it for a better understanding of the situation.
The respondent's Fuel distribution tanker, of Styre make, used for the distribution of Kerosene was involved in an accident along Sapele/Warri Road Junction at Okirigue with a trailer belonging to the appellant on the 5th of August 1981. Soon after the accident, the appellant undertook to repair the respondent's tanker and as a result towed the tanker to its workshop in Sapele. Later the appellant cha…