The appellant in this case was sued in the High Court of the then Anambra State (Enugu Judicial Division) jointly with his brother George Ibekendu (as 2nd defendant) by the respondent who claimed against the two defendants jointly and severally, N50,000.00 special and general damages for personal injuries to the respondent allegedly occasioned by their negligence.

This claim arose from a motor accident on the Enugu - Onitsha highway which occurred in July 1979 in which a Toyota Hiace Bus driven by the appellant/1st defendant collided with the respondent, who was walking by the side of the highway. Injuries were inflicted on the left leg of the respondent which crushed mainly the ankle. This resulted in the said leg being amputated at the University of Nigeria Teaching Hospital, Enugu, to which he was taken for treatment.

In his statement of claim filed in the High Court, the respondent pleaded that the defendants were joint owners of the Bus involved in the accident, and that the 1st respondent was the driver of the vehicle. In addition to pleading the usual particulars of negligence, the respondent also pleaded thereunder as follows:-

After hearing the evidence of the parties the learned trial Judge dismissed the 2nd defendant from the case, holding that there is no scintilla of evidence to connect him with the ownership of the said vehicle. He found, on the evidence before him, that the liability of the 1st defendant (appellant) has not been established and dismissed the claim in its entirety. In this process respondent's plea of res ipsa loquitur was not at all adverted to. On the damages claimed, he found that the special damages averred had not been proved; but failed to assess what the general damages would be should in case his decision on liability is set aside vide Kareem v Ogunde (1972) 1 S C 182.

The respondent felt aggrieved by this decision, and therefore appealed to the court of Appeal.