CHUKWUBUZOR & SONS NIGERIA LIMITED V. AKAN DICKSON IDIONG

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on 13th December, 2010. The Respondent as plaintiff sued the Appellant as defendant and claimed the following.

i. A DECLARATION that the defendant's Tanker driver with Registration No XA 806 KNE was negligent when it damaged the claimant's two buses with Registration Nos AA 185 ANA and AX 208 BKS.

ii. A DECLARATION that the defendants have breached the terms of the memorandum of settlement dated the 11th day of April, 2009.

iii. AN ORDER directing the defendants to repair forthwith the claimant's two buses damaged by the defendants Tanker and bringing into effect the terms contained in the memorandum of settlement.

iv. To pay the sum of Six Million and Sixty Thousand Naira (N6, 060,000.00) only representing lost of income for 202 days at the rate of N30, 000.00 per day, the buses have been parked at the workshop at …