FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): This is an appeal by the 1st and 2nd defendants from the decision of the Western State Court of Appeal which gave judgment in favour of the plaintiff (now respondent) in a claim for damages for negligence.
The claim originated in the Ibadan High Court in Suit No. 1/219/67 where the plaintiff claimed against the 1st and 2nd defendants jointly and severally the sum of 31,000pounds as special and general damages for the damage done to the plaintiff's motor car (identification No. WE 1981) when the 1st defendant's minibus (identification No.LM 7986) negligently driven by the second defendant collided with the plaintiff's motor car along Agodi double carriage way, Ibadan, on the 1st May, 1967.
Paragraphs 2, 3 and 4 of the plaintiff's statement of claim read:
"2. The 1st defendant is a trader and owner of a Morris minibus index No. LM 7986 at the material time of the accident.
3. The 2nd defendant was a driver of the Morris minib…