O. OLATAWURA, JSC (Delivering the Leading Judgment): When this appeal came up for hearing on 10th February 1992. the Appellants were neither in court nor represented, but since an Appellants' brief of argument has been filed, we exercised the powers conferred on the court under Order 6 rule 8(6) of the Supreme Court Rules 1985 and heard the appeal. Mr Erondu who appeared for the respondent adopted his brief and offered no oral submissions in support.
The facts of this case as shown from the pleadings and the evidence led are straight forward. The Plaintiff is a businessman trading in motor cycle spare parts under the trade-name of FEN-KA-CHUMO Trading Company. The 1st defendant at the material time to this case was the owner of a Mercedes Benz Lorry registered as No. MA.5266. The 2nd defendant was at that material period the driver of the said vehicle and an employee of the 1st defendant.
On 30th April 1980, the plaintiff instructed is agents (PW1 and PW2) to clear his goods from the…