KUTIGI, JSC (Delivering the Leading Judgment): The plaintiff's claim against the defendant as stated in para. 8 of his Amended Statement of Claim was for the sum of ₦500,000 damages for:
"breach of duty and alternatively for the negligence of the defendant's servant."
The defendant denied the plaintiff's claim whereupon pleadings were ordered, filed and exchanged. At the trial the plaintiff testified for himself and called three other witnesses while two witnesses testified on behalf of the defendant.
The facts of the case were simple. The plaintiff was at all material times a management trainee in the employment of the defendant. He was employed as a salesman in 1964 and rose to the rank of management trainee in 1975. He moved about in one of the defendant's vehicles while performing and discharging his official duties. On the 5th day of April 1976 he was on duty and on his way to Jos from Enugu his station. He travelled in the defendant's company vehicle registration No. LAD 7423 wh…