AYOOLA, J.S.C. (Delivering the Leading Ruling): There are before us an appeal by the 1st defendant in an action [suit no. FHC/L/123/92) ("the suit")] commenced at the Federal High Court and across-appeal by the plaintiff in the said suit. The appeal and the cross-appeal are from the decision of the Court of Appeal (Oguntade. Pats-Acholonu and Aderemi. JJ.C.A.) on an appeal brought before them from the decision or the Federal High Court. For convenience, in this judgment the appellant is referred to as the 1st defendant and the respondent is referred to as the plaintiff.
In the Federal High Court the plaintiff's claim was initially for cost of repairs of plaintiff's aircraft which was leased to a company, called Barnax Airline Ltd, and which was damaged when the fuel truck owned by Mobil Oil (Nigeria) Plc, the 1st defendant, drove into it. By a subsequent amendment the plaintiff's claim was for damages against the 1st defendant and another, jointly and severally, for the damage done t…