LEWIS, J.S.C. (Delivering the Leading Judgment): In the Magistrate's court, Lagos in suit no. 824/66 the plaintiff's claim read:
"The plaintiff's claim against the defendant is for 400Pounds damages for injury to the plaintiff's property by the escape of water from the defendant's tap at No.7 Egerton Road, Lagos, Nigeria on the 5th March, 1966.
Particulars of Claim
1. The plaintiff is and was at all material times possessed of a room and parlour of the ground floor of the premises known as No.7, Egerton Road, Lagos, and the federal capital of Nigeria. The defendant is and was at all material times possessed of the first floor of the premises.
2. On or about the 5th March, 1966 and since that date the defendant wrongfully caused or allowed water to come or escape from his tap into the plaintiff's premises and apartment and damage her properties.
3. Owing to the negligence of the defendant the tap was at all material times in a defective and dangerous condition or left to run on unstop…