Facts:

The claimant by its averment stated that it was engaged in the haulage business and was hiring, out its trucks to people for the haulage of goods. It was averred that the claimant hired its Mark Truck No. AX 388 AWE to one Osita Okeke to carry cement from the defendant’s premises in Port Harcourt to Enugu but after the truck had been loaded with 600 bags of cement, and the vehicle had been driven to the gate, it was alleged that the authority to collect (ATC), the cement was forged or stolen as a result of which the truck, was detained by the defendant. The claimant added that the defendant demanded an amount of ₦5,000.00 per bag of cement which is a total of ₦3 million for the 600 bags loaded into the claimant’s truck. The defendant refused to release the truck despite intervention by the police.
According to the defendant in its statement of defence, the reason for demanding ₦5,000.00 per bag of stolen cement is that it had experienced stealing of cement several times and then made a memorandum of understanding with drivers, truck owners and members of the Nigerian Union of Road Transport Workers that penalty of ₦5,000.00 per bag would be paid to the defendant by anyone caught stealing its cement apart from the actual cost of the cement stolen while the truck used for the purpose would be seized and a right of lien exercised thereon until the penalty is paid.

At the trial of the action, the parties called witnesses and tendered documents as exhibits. After the learned counsel for the parties had adopted their final written addresses, the learned trial Judge gave a considered judgment wherein he ordered a non-suit against the appellant.

Dissatisfied with the judgment of the lower court the appellant, appealed to the Court of Appeal.