The plaintiffs' case is that the second - 18th plaintiffs were the apprentices of the 1st plaintiff, a mechanic, whereas the 19th plaintiff the lawful wife of one Jimoh Abodunrin who died in a motor accident that occurred along Ibadan Road, Ijebu Ode on 6/2/88. Both begat a daughter namely Atinuke Abodurin born on 6/2/88, the 1st plaintiff was driving his vehicle No OD 2262K with the 2nd-18th plaintiffs inside when approaching the junction of his place of work he waved down, trafficated and stopped to indicate his intention to turn left into the mechanic's garage. Suddenly the 1st defendant driving a Mercedez Benz lorry with registration No. AN9330B belonging to the 2nd defendant, in a bid to overtake several vehicles crushed the 1st plaintiff's vehicle whilst trying to avoid a head on collision with an approaching vehicle. The impact of the crash was such that all the passengers in the 1st plaintiff's vehicle were forcibly thrown out of the vehicle. According to the plaintiffs the accident was caused by the speed, negligence and recklessness of the 1st defendant, and they also relied on the maxim of res ipsa loquitur. The plaintiffs claimed the grand total of 'N500000 as broken down in their statement of claim.

In their own defence the defendants denied the particulars of negligence and res ipsa loquitur raised by the plaintiffs but alleged that the accident was caused by the speed, gross negligence and recklessness of the 1st plaintiff. and that the 1st plaintiff caused his own death.

Both the plaintiffs and the defendants called witnesses, whose evidence were evaluated by the learned trial judge, who at the end of the day gave judgement in favour of the 1st-8th (but 4th) plaintiffs, dismissing that of the 19th 1plaintiff for not proving her locus standi. Dissatisfied with the judgment, the appellants appealed to the Court of Appeal.