In this matter, the appellants were the defendants in the court below, while the respondent was the plaintiff. In the High Court of the then North Central State holden at Kaduna, the plaintiff had sued the defendants claiming diverse sums as damages for negligence arising from the handling of the defendants’ lorry under the control of their driver and servant. The said lorry was negligently driven from the highway into the respondent's house and shop where it caused damage enumerated in the statement of claim.

The respondent’s shop had also remained closed for business for some two months as a result of the accident.

The lower court found the appellants liable in damages to the respondent and awarded same under various heads. The respondent under claim (g) of his “PARTICULARS OF CLAIM”, Claimed:-“Loss of income at N50 a day for 30 days at N1,500.”

There was unchallenged evidence before, the court of trial that the respondent's shop had been rendered unserviceable for two months, during which he could not open for business.

There was also unchallenged evidence that the respondent made daily sales of between N50 and N100 and that he was claiming for loss of sales for a period of one month.

This sum was awarded and is the subject of this appeal.