The respondent was the plaintiff in the court below. She was the wife of one Paul Olu John, a retired nursing superintendent who died in a motor accident on the 10th of October, 1983. At the material time, the said Paul Olu John, the deceased was driving his Volkswagen Beetle Car No. RV 893 when a Peugeot 504 Saloon car NO. RV 2030B was insured by its owner Patrick Igbokwe with the Liberty Insurance Co. Ltd the appellant herein under a third party insurance policy.

Consequent upon the accident, the respondent in Suit No. PHC./171/85 commenced action in the Port Harcourt High Court against the appellant company for negligence claiming the total sum of N75,000.00 as special and general damages for losses and sundry expenses arising from the accident.

The appellant company denied Liability and in particular asserted that the respondent had no locus to maintain the action against it.

At the hearing of the case, the respondent called four witnesses including herself. The appellant called only one witness, that is Aminu Bamigbade an underwriter in its service.

After a lengthy submission of counsel on each side, the learned trial Judge, Fibersima, J. in a considered judgment delivered on 17th July, 1987 dismissed the claim for general damages but entered judgment for the respondent for special damages in the sum of N59,538.15 with N700.00 costs against the appellant.

Dissatisfied with the above judgment, the appellant has appealed to the appeal court.