This is a motion on notice which stemmed from an appeal against the decision of the Plateau State High Court sitting in Jos in a case where the respondent hereinafter referred to as the plaintiff claimed against the appellant, henceforth to be called the defendant the sum of N3,240,000 as damages for the detention of the plaintiff's motor vehicle to wit, a tanker trailer registered as BO 2913 P from the 16th day of December, 1993 until the 30th day of November, 1994 when it was released.

According to the plaintiff on 27/11/93 one Ozor Ugolsi contracted with it to carry some white tallow (a petroleum product) the property of the defendant from Lagos to Jos for a consideration of N45,000.00. While the plaintiff's driver called Asiniyu Lasisi was conveying the tallow, the trailer was involved in an accident near Ogbomosho as a result of which some quantity of the tallow was lost by spillage. After police investigation the plaintiff's driver arrived Jos on 15/12/93 and delivered the remaining tallow to the defendant on that day and was about to return to Lagos he next day being 16/12/93 when the defendant prevented him from driving the trailer back to Jos Despite he repeated demands by the plaintiff's managing director for the release of the trailer and the assurance that the cost of the spilled tallow would be settled by his insurance company the defendant continued to detain the trailer until 30/11/94 when it was released upon the orders of the court. In consequence the plaintiff suffered the loss of N3,240.000 as earnings during the period of the detention of its said trailer.

The defendant denied detaining the plaintiff's alleging inter alia, that the plaintiff's driver upon being granted permission to park the trailer in the plaintiff's premises left the trailer there promising to come with the plaintiff managing director but filed to do so.

The trial court entered judgment for the respondent and the applicant appealed. Thereafter it filed an application seeking leave of the Court of Appeal to grant leave the Notice of Appeal by adding new grounds and to raise fresh issues therein.