Appellant and the 2nd respondent were at all material times employees of the 1st respondent. Appellant was employed as a professional driver, the 2nd respondent as an engineer. On the 20th May 1976, appellant was to drive the 2nd respondent, first to a send-off party at Ofusu, and subsequently to a quarry site supervised by the 2nd respondent in the course of his employment. The evidence accepted by the learned trial judge and the Court of Appeal was that at all material times, it was the 2nd respondent and not appellant who was in control and was driving the vehicle Peugeot 404 pick-up van with registration No. LZ 2167. Appellant was in front sitting by 2nd respondent. They had left the send-off party at Ofusu and were going to the site of the quarry when the vehicle which was being driven at excessive speed ran into pot holes on the road near Ore and somersaulted. Appellant sustained injuries which is the cause of action for negligence against the respondents in this case, claiming N100, 000 as general damages.

The learned trial judge in assessing the damages, did not assess the elements of the injury, but relied on the age of the plaintiff, his salary, and his physical and mental condition resulting from the injuries received.

The Court of Appeal reduced the amount awarded from N54, 540 to N15, 000 after concluding that the plaintiff suffered serious injuries and is 50% - 60% permanently disabled and unable to pursue his calling as a professional driver.

Plaintiff appealed to the Supreme Court.