EKPE JCA (Delivering the Lead Judgment): This appeal isagainst the judgment of the Edo State High Court sitting at Auchi Judicial Division delivered on 3 March 2010, wherein judgment was given in favour of the plaintiff/respondent. Being dissatisfied with the said judgment, the defendants/appellants has now appealed to this court.
The claims of the plaintiff/respondent in the lower court are as follows:
The sum of N500,000.00 (five hundred thousand naira) being the value of the damaged Peugeot 504 StationWagon, Reg. No. AA 649 KKH at the time of the accident on 7 June 2006, less scrap value. The sum of N4,000.00 (four thousand naira) as loss of daily income from the use of the said vehicle from 7 June 2006 for 60 working days, that is,
N240,000.00 (two hundred and forty thousand naira ) N40,000.00 general damages. (see page A5 of the record). The brief facts of the case are thus:
The respondent herein, is a transporter and owned a Peugeot 504 Station Wagon with Registration No. AA 649 KKH…