MUSDAPHER, JCA (Delivering the Leading Judgment): Following an accident that occurred along Kaduna-Lokoja road at a point opposite Buvel Petrol filling station Zuba on the outskirts of the Abuja Capital Territory on the 1/10/94, the plaintiff who is the appellant in this appeal sued the defendants claiming the sum of ₦1,062,364 being special and general damages for negligence. The defendants also counter-claimed a total sum of ₦1,516,490 being also special and general damages in negligence for the same accident.
In order to fully comprehend the facts, it is necessary to reproduce the facts relied upon and pleaded by both parties. In his pleadings the plaintiff averred:-
2. The plaintiff is the registered owner of Mercedes-Benz saloon car with registration No. KD 5747 KN.
4. The 2nd defendant is the registered owner of vehicle No.AN 3599 GA and employer or/and master or/and principal of the 1st defendant.
5. The plaintiff further avers that on 1st of October, 1994, he was returning to…