J.O. AYINDE & ORS. V. SAMUEL A. ADIGUN

OLATAWURA, JSC, (Delivering the Leading Judgment): The nub of this appeal is whether the plaintiff's action is statute barred. The plaintiff was up till the time of his accident a civil servant in the Federal Civil Service of Nigeria and was on a official duty when the vehicle, a Range Rover, belonging to the Federal Government of Nigeria and registered as FGN.5020 was involved in an accident which resulted in severe injuries sustained by the plaintiff. At the time of the accident the 1st defendant who was also an employee of the Federal Government of Nigeria and employed by the 3rd defendant was the driver of the said vehicle. It was not denied that both the plaintiff and the 1st defendant were on official assignment to Monai near Bussa to commission the Monai Fishing Pond which belongs to the Federal Government when the accident occurred. The plaintiff attributed the cause of the accident to the negligence of the 1st defendant. The particulars of negligence pleaded are not necessary…