OGUNDERE, J.C.A. (Delivering the Leading Judgment): Before Gbemudu J. at the then Bendel State High Court holden at Agbor, the plaintiffs now respondents filed a claim against the defendants in the tort of negligence arising from the collision of the Plaintiff's Steyr Diesel Petrol Tanker BD2426BF loaded with petrol, with the 1st defendant appellant's Luxury Bus AN 7298 G driven by the second defendant. The plaintiffs' case was that on the 4th January, 1988 the Luxury Bus on the Benin Onitsha Road left its side of the road and without notice signals collided with the petrol tanker which was travelling properly on its right side of the Road. The Petrol Tanker burst into inflames and was completely destroyed. The plaintiffs relied on the doctrine of "res ipsa loquitur"
The plaintiffs in paragraph 13 of the Statement of Claim averred as follows:"
The plaintiffs say that the second defendant was negligent in the driving and management of the Motor Vehicle Number BD2426BF on the 4th day of…