Facts:

Eagle Sight Limited (Appellant) is a clearing, forwarding and haulage company and owner of a Mack Trailer with Reg. No. XP 19 KRD. Sometime in April 2011, the trailer was contracted to convey a 40ft container containing raw materials from Apapa Wharf to Rotbams Nigeria Limited (Respondent) premises at Ogba Industrial Estate, Ikeja, Lagos for a fee. The trailer broke down somewhere along the way and was impounded by officials of LASTMA who towed it to their premises. A fine was subsequently imposed, and the trailer’s release was contingent upon payment of the fine. Mr Lawrence Egwuon (the driver) who needed money to pay the fine, requested and received the sum of ₦150,000 from the Respondent for that purpose and gave an undertaking in writing to return the money. The fine was paid but the mechanical fault that occasioned the breakdown of the trailer could not be readily fixed, whereupon the broken-down trailer was towed (along with its consignment) from LASTMA office to the Respondent’s premises where the consignment was eventually offloaded. The trailer remained at the Respondent’s premises for quite some time, and the parties exchanged correspondence. The Appellant alleged that the trailer was wrongfully detained by the Respondent for five months and that its solicitor paid several visits to the Respondent’s premises in a bid to secure the release of the trailer to no avail. The Appellant by a writ of summons subsequently initiated a suit claiming against the Respondent certain reliefs.

The Respondent counterclaimed. Upon the conclusion of trial, the High Court of Lagos State (trial court) dismissed the main claim but entered judgment in terms of the counterclaim and in favour of the Respondent. Aggrieved by the decision of the trial court, the Appellants appealed to the Court of Appeal.