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ONNOGHEN, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice J. A. Ibiwoye of the Kwara State Judiciary sitting at Ilorin in suit No. KWS/53/90 delivered on 2nd July, 1996.
The facts of the case, as can be gathered from the record, are that on the 10th day of July, 1989 there was an accident involving the 1st Respondent's vehicle, a Peugeot 404 pick-up van with registration No. KW7732F, and the 2nd Appellant's vehicle, a Peugeot 504 saloon car with registration No. KW49 116 along Bode Saadu Jebba high way. The 2nd Respondent was the 1st Respondent's salesman who was a passenger in the 1st Respondent's vehicle when the accident occurred, while the 1st Appellant was the driver of the 2nd Appellant who drove the vehicle that collided with that of the Respondents. It is the Respondent's case that the accident occurred due to the negligence of the 1st Appellant. It is however not in dispute that the accident resulted in some damage to both the ve…