BARMANI VENTURES LTD. V. KINGSFOAM AND CHLMICAL INDUSTRIES LTD.

ORAH, JCA: (Delivering the Lead Judgment): At the High Court ofPlateau State Jos, the respondent (as plaintiff) in suit No. PLD/548/94 brought an action on the “Undefended List” against Abdul Mumuni Musa and Barmani Ventures (Nig.) Ltd. claiming against them jointly and severally the sum of N1,300,000.00 made up of N689,000.00 being the value of 13 foam blocks at N53.000.00 each, N611,000.00 being loss of profit in thesaid 13 foam blocks which were loaded by the plaintiff in the 2nd defendant’s DAS TRAILER TRUCK with Registration No. PL 597 SB to be delivered to the plaintiff at its factory Sabon Barki, Jos on 29th September, 1994 but which got totally burnt as a result of negligence of the defendants. The plaintiff also claims the sum of N2,000 being the deposit paid to the defendants towards transportation cost.

The 1st defendant is a driver, an employee of the 2nd defendant owner of the said Das Trader Truck No. PL 597 SB. The plaintiff filed a 17- paragraph affidavit evidence i…