TERHEMBA MAAKUNA V. CELESTINE SAAWUAN

OBADINA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Benue State sitting in Makurdi presided by Eko, J., delivered on the 3rd of May, 2000. The respondent was the plaintiff at the trial court, while the appellant was the defendant.When this appeal came up for hearing on 11th of March, 2002, the respondent and his counsel were not in court. The counsel for the appellant was in court. Because the counsel to the respondent was in court on 22/11/ 2001 when the appeal was adjourned to 11/3/2002, and because the parties have exchanged briefs, the appeal was taken as having been argued under Order 6, rule 9(e) of the Court of Appeal Rules.

The case of the respondent, as plaintiff, before the trial court is briefly as follows:-

On the 18th December, 1999, respondent, as plaintiff, gave a lift to the appellant in his (respondent’s) official car. In the vehicle, the respondent had the sum of N34,350.00 (Thirty-four thousand, three hundred and …