OLAWALE
V.
THE AG FEDERATION & ANOR.

FATAI-WILLIAMS, J.S.C. (Delivering the Leading Judgment ): The plaintiff, now appellant, is a transporter and owner of a bus bearing the identification No. LF.3995. On 20th December, 1965, at Sapele, the plaintiff's driver (1st PI/W) obtained a ticket (ex.E) for 9-7 for the purpose of conveying the said bus from the Sapele side of the River Ethiope to the Benin side of the said River on the MB. "SAPO", a ferry owned by the Federal Ministry of Transport. The plaintiff's bus together with an oil tanker (identification No. LJ. 5405) and other vehicles were duly put on the said ferry. At about 10 p.m. with all the vehicles still on the ferry, the oil tanker, while being repaired by its driver, caught fire. The fire quickly spread to the plaintiff's bus before it could be taken off the ferry. As a result of the fire, both the oil tanker and the bus were completely destroyed. Whereupon the plaintiff in Suit LD/108/1968 commenced proceedings by petition of right in the High Court of Lagos wh…