ONNOGHEN, J.C.A.: (Delivering the Leading Judgment) This is an appeal against the judgment of Hon. Justice J.A. Ibiwoye of the Kwara State Judiciary sitting at Ilorin in suit No. KWS/53/90 delivered on 2nd July 1996.
The facts of the case, as can be gathered from the record, are that on the 10th day of July, 1989 there wasan accident involving the 1st Respondent’s vehicle , a peugeot 404 pick-up van withregistration No.KW 7732F, and the 2nd Appellant’s vehicle, a peugeot 504 saloon car with registration No. KW 49116 along BODE SAADU JEBBAhigh way. the 2nd Respondent was the 1st Resopndent’s salesman who was a passanger in the 1st Respondent’s vehicle when the accident occured, while the 1st Appellant was the driver of the 2nd Appellant who drove the vehicle that collded with that of the Respondents. It is the Respondents’ case that the accident occured due to the negligence of the 1st Appellant. It is however not in dispute that the accident resulted in some damage to both the vehicl…