The facts which gave rise to this case are very simple and straight forward in my respectful view. On the 19th day of December, 1986, the Appellant who lived at No.34 Hospital Road, Amaekpu-Ohafia in Arochukwu/Ohafia Local Government of Imo State, came to Owerri to attend a book launching ceremony. He drove his car a 505 SR/AC saloon car registration No. IM 6583 AF into the Concord Hotel (the 1st Respondent) and booked accommodation for one night. At the gate of the Hotel, the 2nd and 3rd Respondents, who were the hotel security men on duty on that day, registered the number of the Appellant's car and issued him with a plastic disc No. 102. Then they lifted the bar across the gate and the Appellant drove his said car into the hotel and parked in the parking space therein. He then locked the car, pocketed the keys and checked into the room allocated to him where he slept for the night. The following morning the Appellant checked out of the hotel, went to pick his car where he kept it but the car was no where to be seen. He immediately reported the matter to the hotel management who expressed dismay at what had happened and immediately ordered investigation into the matter. They later provided a vehicle which conveyed the Appellant to his home in Ohafia, Thereafter the Appellant filed this action claiming a total of N150,000.00 (one hundred and fifty thousand naira) for the value of his stolen car, expenses incurred by him as a result thereof and general damages, on the grounds that the Respondents were negligent in allowing his car to be stolen on 20th December 1986, in the hotel.

There was a visit to the premises of the 1st Respondent to see the width of the security gate through winch all vehicles move in and out of the hotel.

In a considered judgment delivered on the 24th, 1989. The learned trial Judge Nwogu J. found that negligence was proved against the Respondents. As a result, he awarded the sum of N65,000.00 being the value of the Appellant's Peugeot car and N30,000.00 as general damages for the inconvenience as a result thereof.

The Respondent were dissatisfied with the decision and they appealed against it to the Court of Appeal, Port Harcourt. The parties filed and exchanged their briefs of argument. The appeal was heard and in the judgment of the Court (Edozie J.C.A. concurred by Ndoma-Egba and Omosun A) it was held that :-

"The appeal on liability being the dominant issue and having succeeded, this appeal is allowed wholly. Accordingly, the judgment of the lower court is reversed. The Respondent's claim is dismissed with costs........"

The Appellant who was the Respondent in the Court of Appeal was not happy with this decision and has now appealed to this Court