Saloon motor car Citroen XM with registration number LA 2202 AS was owned by the Respondent, Deji Akintilo. He is the Plaintiff. He lawfully parked the vehicle in the compound of Lagos State Development and Property Corporation Flats at Adeola Odeku Street, Victoria Island. Respondent occupied Flat No. 10 D and the car was parked in the appropriate parking lot attached to his residence. On 19th October, 1990, the workmen of the Appellant negligently allowed flying stones to drop on the rear windscreen of the car and shattered same and caused damage to the car. The car which was imported from France was the newest and latest model,

On 22nd October, 1990, the solicitors of the Respondent in Exhibit B wrote to the Appellant asking that the "damage be made good within 7days." The letter also claimed the sum of N2,000.00 "per day for loss of use for as long as he is prevented from making use of his car." On 29th October, 1990, Messrs G' lanville Enthoven and Co. (Nigeria) United Insurance Brokers wrote a letter to the Respondent asking him to forward the cost of repair of the vehicle to enable them process the claim. This was on 4th December. The following day, 5th December, 1990, the Insurance Company, by a letter offered to pay the sum of N5,000.00 as reparation for the damage to the car. On 6th December, 1990, the solicitors of the Respondent wrote to the Insurance Company that the offer was not only grossly inadequate but was unreasonable in view of the quoted cost of repairs.

There was no further progress. As a matter of fact, there was a stalemate. The Respondent as Plaintiff sued. He claimed special damages in respect of the replacement of the broken windscreen in Ffr. which amounted to N16,304.06 at the official currency exchange rate at the material time, cost of repairs of the car in Nigeria at N2,500.00 and N2,000.00 daily as loss of use of the damaged car from the 19th day of October, 1990 to the date the car was finally repaired. Plaintiff also claimed N 50,000.00 general "damages. In sum the Plaintiff claimed N 67,000.00.

The matter suffered a couple of adjournments to pave way for settlement. That came on 9th May, 1991 in Court. In reply to Mr. Idemudia, counsel to the Plaintiff in respect of the amount acceptable to the Plaintiff as settlement. Miss Okoroma, of counsel for the Defendant/Appellant said;

The learned trial Judge, Kessington, J. gave judgment accordingly to the admission of Miss Okoroma. He said:

The Respondent gave evidence in proof of his case. The learned trial Judge gave judgment to the Respondent as per his claim of N2, 000.00 as loss of use.

Dissatisfied, the Appellant appealed to the Court of Appeal. That Court affirmed the decision of the trial Judge, dissatisfied with the judgment of the Court of Appeal, the Appellant has come to this Court.