DORTMUND COMPANY (NIG.) LIMITED & ANOR V. MR. ABUGU ELIAS

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice sitting at Ado-Ekiti in the Ekiti State of Nigeria in Suit No.:- HAD/69/2010 - MR. ABUGU ELIAS V. DORTMUND COMPANY LIMITED and 1 OTHER; delivered on the 15th day of December, 2011.

Briefly the facts of the case are that the Plaintiff now Respondent instituted an action against the 1st and 2nd Defendants now Appellants at the lower Court in which he claimed as follows: -

"The sum of Thirty Million Naira (N30,000,000.00) only, being General Damages caused on the Plaintiff by the 1st and 2nd Defendants in that on the 18th day of December 2008 at about 14:30 hours, at Ilawe Roundabout, the 2nd Defendant drove recklessly a tanker with Registration Number AK 725 KSF belonging to the 1st Defendant and ran into the Plaintiff's shop and damaged goods and properties belonging to the Plaintiff and also caused the Plaintiff bodily injury."

At the conclusion of hearin…