ELIAS, C.J.N. (Delivering the Leading Judgment): In this appeal from the judgment of Bakare, J., in Suit Nos. and LD/636/69 and LD/636/69 (consolidated) delivered in the Lagos High Court on March 19, 1973 against the plaintiffs, the plaintiffs as passengers on Peugeot 403 Car No. LM 2983 sued the defendants as owner and driver respectively of tipper lorry No. LN 5029 for the personal injuries they suffered as a result of the collision between their two vehicles on the Lagos-Ibadan Road on February 24, 1968. The 1st plaintiff's writ was endorsed as follows:
"The plaintiff's claim against the defendants jointly and severally is for the sum of 10,098(pounds): 13/-being special and general damages for personal injuries sustained by the plaintiff as a result of the gross negligence of the 2nd defendant when Motor car registration No. LN 5029 driven by the 2nd defendant in the course of his duty as a servant of the 1st defendant collided with Motorcar registration No.LM 2983 in which the pl…