<p><strong> MUSDAPHER, JCA (Delivering the lead : ): </strong> This is an appeal against the judgment of the High Court of Justice, Minna, Niger State, Vuti J. delivered on the 19th day of October, 1995. In their amended statement of claim, the plaintiffs pleaded thus:- </p><p>“1. Plaintiff is a transporter with his place of business at 13, GRA Road, Ijebu-Ode, Ogun State. First defendant is/was at all times material to this suit a driver in the employment of the second defendant, a public liability company engaged in construction works. As a transporter, plaintiff owns and possesses a trailer vehicle used in conveying goods, on contract, from Lagos to the Northern States usually Kaduna State.</p><p>2.<em> On 9/12/91, while in the course of one of such contracts</em>, his said Fiat T3 trailer Reg. No. LA 6086 MA was involved in an accident at the fault of/due to the negligence, recklessness of the first defendant who was at the time driving second defendant’s vehicle Fiat TS trailer Reg. No. LA 3906 BF in the course of c…</p>