The facts are that the 1st respondent's vehicle, a heavy-duty trailer, registration No. KW 5357 AD, driven by the 2nd respondent in the ordinary course of his duty on 30/5/72 collided with a Peugeot 504 saloon car registration No. BN 5252 GA, owned by the appellant

The appellant claimed special and general damages in the amount of N170, 000,00, against the respondents for the injury caused by the negligent driving of the 2nd respondent and the 1st respondent counter - claimed against the appellant also for the sum of N385,704.10 as special and general damages. However, the driver of the appellant's vehicle was not joined as a party to the respondents' counter-claim.

Evidence showed that the accident was caused by the appellant's driver while in an attempt to overtake another Bus driven by D.W. 1 at a sharp corner, hit both the said bus and the lorry of the respondents. This evidence was accepted by the trial Judge who gave judgement and dismissed the appellant's claim in its entirety and upheld the respondents' counter-claim and awarded the sum of N120,704.10 special damages and N60,000 general damages.

The appellant was dissatisfied with the judgement and appealed to the Court of Appeal.