SO MAI SONKA CO. NIGERIA LIMITED ALHAJI BABANGIDA IBRAHIM HASSAN MOHAMMED V. ENGINEER A. A. ADZEGE

MUHAMMAD, JCA (Delivering the Lead Judgment): The respondentherein, as plaintiff at the High Court of Justice, Benue State, holden at Makurdi, was a business-man and Managing Director of a Transport Organisation based at Makurdi. He owned, among others, a commercial 37 Seater Mercedez Benz bus with Registration No. AG. 300 ABJ. The 1st appellant/defendant was an Incorporated Company involved in the business of operating petroleum products. It also operates a filling station opposite Benue Cement Factory near Gboko known as So Mai Sonka Filling Station. 2nd and 3rd appellants were Managing Director and driver of the Company respectively. 3rd appellant was in charge of managing, controlling or operating trailer tanker with Registration No. ADAMAWA AA 554 GMB at the time of the incident leading to the suit. It was averred for the plaintiff that on the 7th day of November, 1997, along Gboko Makurdi Road and at a point opposite the 1st defendant’s filling station, at or about 7:30 pm, th…