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OGUNDARE, JSC (Delivering the Leading Judgment): The main question arising for determination in this appeal is a question of law framed by the parties, as follows:
"Whether the Court of Appeal was right in holding that failure (by the appellant) to join the respondent's driver as a defendant in the present proceedings was fatal to the appellant's case." (words in brackets mine)
Following an accident that occurred at Abudu in Bendel State (now Edo State) on 29th May, 1981. the plaintiff (who is appellant in this appeal) sued the defendant (now respondent) claiming ₦64,521 damages it suffered as a result. The accident involved the two vehicles of the parties. The plaintiff's vehicle Reg. No. IM1673G driven by its driver was a passenger coach; that of the defendant, Reg. No. OY 9065 AD was a trailer and was driven by one Mosudi Akanbi said to be the defendant's driver. The action was instituted against Mosudi Akanbi and the defendant. Following difficulties encountered in getting Mosudi …