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S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): Following a road accident which occurred along Agbor/Benin Road on 10 July, 1985, the plaintiff (now cross-appellant) was severely injured. He instituted an action for N500,000.00 special and general damages at the Benin High Court. On July 1, 1988, the learned trial judge, Akpomudjere, J., held the defendants (who were then 3rd and 4th defendants, but now 1st and 2nd appellants) liable to the 1st appellant being vicariously liable for the negligent driving of his servant, the 2nd appellant. The learned trial judge awarded N25,158.10 as special damages and N35,000.00 as general damages. There were appeal and cross-appeal against that decision.
The appellants contested the decision at the Court of Appeal on issues (a) whether the 2nd appellant was the servant of the 1st appellant and whether the vehicle in question was owned by the 1st appellant; (b) whether the 2nd appellant was negligent in the course of driving the vehicle; and…