A. IBEGBU V. LAGOS CITY COUNCIL CARETAKER COMMITTEE & ANOR.

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): The issue raised by this appeal fits within a narrow compass. The appellant herein instituted before the Lagos High Court, an action worded thus:-

"The plaintiff's claim against the defendants jointly and severally is for the sum of Five Thousand Pounds (N35,000) being special and general damages suffered by the plaintiff when on the 6th day of October, 1969, the 2nd defendant as servant and driver of the 1st defendants drove a bus No. LG 2105 belonging to the 1st defendants in such a very negligent manner that the said bus collided with the plaintiff's HONDA MOTORCYCLE No. LO 9407 and damaged it beyond repairs. The plaintiff was seriously injured as a result of the collision."

For the purpose of this appeal the material averments are to be found in paragraphs 1, 2, 3, 4 and 5 of the Statement of Claim. These read as follows:-

(1) The plaintiff was at all times material to this action an Insurance Clerk Employed by Law Union and…