KUTI
V.
BALOGUN
·
K. ESO, J.S.C.(Delivering the Leading Judgment): This is an appeal from the decision of the Lagos State High Court (Odesanya, J.) which gave judgment in favour of the plaintiff (now respondent) in a claim for damages. The claim originated in the Lagos Chief Magistrate's Court in Suit No. 2498/1967, where the plaintiff claimed against the 1st and 2nd defendants, jointly and severally, the sum of 500 Pounds (N1,000) as special and general damages for the damage done to the plaintiff's shop and articles therein at No. 35 Karimu Street, Surulere, when the 2nd defendant's taxi cab, negligently driven by the 1st defendant, hit the said shop.
At the trial, the learned trial Chief Magistrate accepted the plaintiffs evidence which was that she was in her shop sleeping when at about 11 p.m., she was woken up by a heavy bang caused by the taxi cab crashing against the walls of her shop. The taxi cab had left the main road, crossed a two feet drain, to hit the plaintiffs shop which was three feet…