Briefly put, the facts of the case that led to this appeal areas follows:- On the 1st day of March, 1986, the Plaintiff /Respondent's driver, Jonathan Unagwu, (the plaintiff will henceforth be referred to as respondent) was the driver in charge of the respondent's vehicle Registration No. KN 4964 KJ and was plying along Benin - Sapele Road towards Sapele direction when Felix Okpega, the driver in charge of the vehicle registration No. LA 3844 MM, (who was the 2nd Defendant before the trial Court), coming in the opposite direction from Sapele towards Benin City left his own side of the road and collided with the respondent's vehicle along Benin - Sapele Road forcing the respondent's vehicle to summersault many times thereby damaging it beyond economic repairs. The National Electric Power Authority. the owner of the vehicle with registration No. LA 3844 MH (will henceforth be referred to as the appellant).

Where upon the respondent took action against the appellant and the driver, 2nd defendant jointly and severally claiming special and general damages against them for negligence. The action was commenced for four months after the accident.

Before the commencement of hearing in the case, the trial court struck out the name of the appellant’s driver from the suit on the ground that being a public officer the action against him was statute – barred. The court then proceeded to try the case against the appellant.

The court found in favour of the respondent and awarded him special and general damages.

Dissatisfied, appellant appealed to the court of appeal.