The plaintiff's claim as endorsed in his amended writ of summons reads:

In his amended statement of claim, the plaintiff averred that on 7-4 82, he discovered that the only access road leading to his motor garage at Ono Oko Oponu Street, Idimu had been blocked by a trench constructed by the 1st defendant and this made it impossible for his lorries to park in the garage or move in and out of the said garage. He protested to the 1st defendant an informed it that at the time the road was blocked, he had ten of his commercial vehicles in the garage. It was further averred that the obstruction was only removed on 3-10-82 by the 1st defendant. The Nigerian National Petroleum Corporation was the sole defendant. The Nigerian National Petroleum Corporation filed its statement of defence and mentioned the 2nd and 3rd defendants as the companies responsible for the digging of the trench which also exposed its oil pipe lines.

Thereupon, the plaintiff by motion on notice caused the 2nd and 3rd defendants to be joined as co-defendants. The 2nd defendant in its statement of defence alleged that it was awarded a contract by Messrs. Degremount (Nig) Ltd (3rd defendants) who were main contractors of the Federal Housing Authority for sewage treatment and affluent disposal, that where it carried out the excavation work was no where near the vicinity of Ono Oko oponu Street, Idimu and that it did not dig any trench on the road as alleged. The 3rd defendant joined the Federal Housing Authority who awarded the contract to it as the 4th defendant. All these caused the plaintiff to amend and further amend his writ of summons and the statement of claim. He claimed jointly and severally from the four defendants.

At the close of pleadings, the case proceeded to trial. At the conclusion of the evidence and after the addresses of counsel, the learned trial Judge in a considered judgment dismissed the claim against the 1st and the 4 defendants. He found the 2nd and 3rd defendants jointly and severally liable in the sum of N1,175,200.00 as special damages.

Dissatisfied with the decision, the 2nd and 3rd defendants separately appealed to the court of Appeal, Lagos Division. The plaintiff cross appealed. The 2nd and 3rd defendants prayed the court below to set aside the judgment of the High Court and enter judgment for each of them. The plaintiff prayed that he be awarded general damages against the 2nd and 3rd defendants or in the alternative, to set aside the judgment of the High Court and enter judgment in his favour against the defendants

The Court of Appeal heard the appeal and in a reserved judgment allowed the appeal of the 3rd defendant and dismissed the claim of the plaintiff. The appeal of the 2nd defendant was dismissed pursuant to Order 6 rule 10 of the Court of Appeal Rules, the 2nd appellant having failed to file its brief of argument as required by the rules of that court. The cross appeal of the plaintiff was dismissed.

The appellant appealed to the Supreme Court.