G. B. A. COKER, JSC (Delivering the Leading Judgment): This appeal is from the judgment of Adebiyi J., High Court, Lagos, in an action instituted by the respondent, as plaintiff, against the appellant who was the defendant in the High Court. In the action, the plaintiff had claimed against the defendant damages "for personal injuries caused by negligent driving of the defendant of a motor vehicle No. MS 248 on the 25th day of March, 1967 at Apapa Wharf in Lagos." The plaintiff also endorsed on the writ the particulars of the negligence of the defendant on which he would rely at the trial as follows
"Particulars of Negligence
The defendant was negligent in that he:
1. Failed to keep proper or any look out or to observe or heed the presence or approach of the plaintiff.
2. Drove at a speed which was too fast in the circumstance.
3. Failed to stop, to slow down or to swerve or in any other way so as to manage or control the said vehicle MS 248 so as to avoid hitting plaintiffs Solex cyc…