The facts are that the respondent a businessman resident in Uromi left Benin in his Peugeot 505 Saloon car with registration No.BD8118JA for Maiduguri on 13th December 1987. He was travelling in company of one Mr. Pat Asun an official of Pap Services Company Ltd., a company with whom the respondent used to do business with. They spent the at Jos and proceeded to Maiduguri the following day i.e., 14th December 1987. Upon reaching Limanti, a village fifty kilometres from Maduguri, they decided to answer the call of nature. It was about 7.30p.m. The respondent then parked the car of the highway, and put on the parking light They entered the bush to easy member themselves. It was at that time 1st appellant driving MAN Diesel with registration NO. PL218J crashed into the respondent' statutory car from the rear. As a result of the impact caused by the crash, the two vehicles caught fire and the respondent's car was destroyed. The respondent claimed that at the time of the accident, he was carrying in his car one Heamodialysis kidney machine, on Sonicaid, ultra-sound machine, some quantity of drugs and children's wear altogether valued at N1,314,600.00. All these goods together with other documents were destroyed.

The appellants on the other hand alleged that the respondent parked his car negligently in the middle of the road without any parking light. They also alleged that the respondent, at the time of the accident, was not carrying the goods he claimed to be carrying. The 2nd appellant also claimed that it was not a proper party to the case, since it has nothing to do with the 1st appellant.

The defendants (now appellants) filed a joint statement of defence. At the trial of the action evidence was led on both sides and after addresses by learned counsel for the parties, the learned trial Judge in a reserved judgment found for the plaintiff (now respondents).

She then awarded the plaintiff the total sum of N1,375,000.00 (One million three hundred and seventy thousand Naira) plus 10% interest with effect from the date of judgment until liquidation.