ALH. SANUSI KERO & ANOR V. ABBORI PETROLEUM NIGERIA LIMITED & ANOR

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Jigawa State High Court, delivered on the 21st day of June, 2016 by Hon. Justice Ahmad Isa Gumel, in favour of the Respondents. Dissatisfied by the decision, the Appellants appealed to this Court, by Notice of Appeal filed on 29/6/16.

The case of the Respondents, as Plaintiffs before the lower Court, is that on the 26th day of September 2013, in the course of their business, one of their trucks, Reg No XA509 GYD, conveying 40,000 litres of petrol from Lagos to the Appellants, had an accident in Ogbomosho, Oyo State. A 2nd truck, also belonging to them(Respondents) with Reg No. XA196MSA was sent to offload the petrol and convey same to the Appellants filling station. After offloading the petrol at the filling station, in Jigawa, the truck was detained on the ground of a shortage. All efforts to cause the truck to be released proved abortive.

The Respondents complained tha…