AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment): The appeal is against the judgment delivered on 29th July 2005 by the High Court of Justice Anambra State, holden at Ogidi (hereafter simply referred as "the lower court") presided over by Hon. Justice C.E.K. Anigbogu (hereafter simply referred to as "the learned trial Judge") Judgment was entered in favour of the plaintiff by the lower court.
The Plaintiff before the lower court is the Respondent in the instant appeal; while the Defendant is the Appellant.
The case set up by the Respondent in the Statement of Claim dated 17/9/2001 and filed before the lower court on 20/9/2001 briefly stated is that sometime in August 1999, he was given the possession of a Hiace Bus with Reg. No. AA 856 AWK (hereafter simply called "the vehicle") by his junior brother - Dr. C.C. Aniakor. That he (Respondent) had the authority to put the vehicle to commercial use whenever he found a good and honest driver. That on or about 2/1/200…