Facts:

This is an appeal against the decision of the Federal High Court (trial Court), delivered by I.N. Buba, J., on the 7th day of July 2017.

The Respondent (Plaintiff in the trial Court), who was a commercial transporter with a Volkswagen space bus, was hired by the 2nd and 3rd Appellants, through the crew members of the 1st Appellant (all Defendants in the trial Court), to convey C-Way bottle water from Ajori market to Waziri Jetty, Apapa, Lagos, where the 1st Appellant anchored, of which he did convey the crew members and their goods to the Jetty. As he was moving the bottled water close to the 1st Appellant on the request of the crew members for his assistance, he alleged that an explosion caused by the breakage of the 1st Appellant’s hose occurred, which hit and severely injured him. He further stated that the crew members on board the 1st Appellant, instead of rendering help to him, only threw down a stretcher to help move him away from the scene of the accident, and then hurriedly sailed out of the Jetty to avoid arrest, leaving the Respondent in pain and in the pool of his blood. He was rushed to the General Hospital, Apapa, but due to the severity of the injury, he was referred to the Lagos Island General Hospital, wherein an amputation of his right leg was recommended. Due to the high cost of the surgery at the hospital, he opted to go to a traditional Orthopedic home to receive treatment. During the period of treatment, the Respondent alleged that the Appellants neither rendered any assistance nor sent a goodwill message to him. He made a further attempt to see the 3rd Appellant with the Doctor’s report but was prevented. On this ground, he instituted an action against the Appellants via a Writ of Summons and Statement of Claim.

The Appellant via their Statement of Defence, denied the claims of the Respondents, stating that inasmuch as the accident occurred in the course of their engagement of the Respondent, they were however not responsible for the cause of the accident.
Upon the conclusion of the trial, the Court entered judgement in favour of the Respondent, granting him all the reliefs sought.

The Appellant being dissatisfied with the judgement of the trial Court appealed to the Court of Appeal.