There are very many facts that are not in dispute in this case. It is common ground that the plaintiff in the court of first instance and the Respondent in this Court, Jonathan Otunsanya, was on the 22nd day of April, 1969, travelling as a fare-paying passenger on board a commercial lorry No. LG. 3145 driven by one Buraimoh Bakare. It is not in dispute that this lorry was travelling from Ago Alaiye to Ijebu-Ode along the Benin-Ijebu-Ode road. It is admitted that along that road there is a narrow bridge about 11/2 miles after Ajebandele. Both sides concede that on that fateful day a ghastly accident occurred on or around the vicinity of the bridge involving a trailer No. LN.9801 and the lorry No. LG. 1345. Jonathan Otusanya was severally injured in that accident of 22nd April 1969. On the 9th of July, 1972, almost 3 years and 3 months after the accident, Jonathan Otusanya took out a Writ of Summons against both the owners and the drivers of the two vehicles involved in the accident. The main dispute centered around the precise cause of the accident and which of the two drivers was the guilty party.

On appeal to the Court of Appeal, judgment was given for the respondent. Appellants appealed to the Supreme court.