M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): On 27th June, 2001, an accident occurred at about 4.30 a.m. along Iba Road Akesan in Alimosho Local Government Area of Lagos State. The accident involved 1st respondent's landrover defender Jeep with registration No. 138 CD 60 and 1st appellant's Nissan Urban bus. 2nd respondent was the driver of 1st respondent's Landrover defender Jeep at the time of the accident.
The appellants herein, as plaintiffs at the Lagos State High Court, commenced action jointly against the respondents as defendants by a writ dated 24th January, 2002, claiming severally for the damages they suffered following 2nd respondent's negligence that resulted in the accident.
Parties would be referred to from now on as appellants and respondents.
Pursuant to Order 9 rule 11 of the High Court (Civil Procedure) Rules, 1994, respondents challenged the jurisdiction of the trial court to try appellants' suit inter alia on the following grounds:
(1) The 1st defenda…