NZEAKO JCA (Delivering the Lead Judgment): On 24th September,1996, Kolo CJ, Borno State gave judgment in a case arising from a road traffic accident, which came before him at the High Court of Justice, Maiduguri, Borno State of Nigeria. The judgment was in favour of the two plaintiffs to whom the total sum of N142,500 was awarded, made up of N137,500 as loss of earnings, N4,000 for labour, N20,000 general damages and N1,000 being costs. The two defendants, dissatisfied, appealed to this court on 8 grounds. What led to the suit at the court below may be summarised thus: The two plaintiffs, now respondents herein are father and son. The 1st respondent was the owner of vehicle No. BO 3681 MA, a Tipper lorry, driven by his son, the 2nd respondent when this accident occurred. The lorry is said to be used for commercial purposes.
The 1st defendant/appellant was the driver of Peugeot pickup van No. BO 4551 MG which belonged to the 2nd defendant/appellant, his employers. The road accident gi…