M. BELLO, J.S.C. (Delivering the Leading Judgment): A bus belonging to the Appellants strayed from the highway and crashed into the shop of the Respondents. As a consequence of that accident, the Respondents instituted an action in the High Court, Lagos, claiming against the Appellants special and general damages for negligence. The Appellants conceded liability for negligence and, accordingly, the learned trial judge found them liable.
He awarded the Respondents the sum of 10,943.9p (N21 ,887.18).This appeal is only concerned with the issue of damages. One of the main complaints of learned counsel for the Appellants at the hearing of the appeal is that the learned trial judge erred in law in his award of 8,943.9p as special damages when the items of special damage were not strictly proved. He contended that the Respondents are not entitled to recover any damages for the goods damaged on the ground that the damaged goods had been salvaged by the Respondents who failed to produce them…