OGEBE, J.C.A. (Delivering the Leading Judgment): The claim of the appellant before the High Court sitting at Abudu in Edo State as per the writ of summons was as follows:-
"The plaintiff claims against the defendants jointly and severally the sum of ₦64.521 (Sixty four thousand, five hundred and twenty one Naira) being special and general damages suffered by the plaintiff on 29th day of May, 1981 at Abudu Judicial Division when the first named defendant the servant or agent of the second-named defendant in the course of his employment so negligently drove, managed and controlled a motor vehicle registration number OY 9065 AD a Trailer, the property of the second-named defendant along Benin-Abudu Road, Abudu that he caused or permitted the same violently to collide with the plaintiff's vehicle a coach registration number IM 1673 G which was being driven along the same road in the opposite direction."
In that claim, the appellant was suing one Mosudi Akanbi and the respondent for negligen…