<p>A. N. ANIAGOLU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the High Court of Sapele Judicial Division of the then Mid-Western State of Nigeria against the Judgment of R.A.I Ogbobine, J., in a suit in which the plaintiff, who was a legal practitioner, claimed against the defendants, jointly and severally, a sum of N100,000</p><p> &quot;for injuries, pain severe loss of earnings caused the plaintiff on 23rd January, 1974 due to the fault and/or negligence of the 1st defendant and/or 3rd defendant&quot;.</p><p> The 4th defendant (Nicholas Ugono) was not originally a party in the suit but was brought in by application of the 3rd defendant who claimed that the 4th defendant, and not himself, was the driver of the vehicle with which the vehicle driven by the 1st defendant came into collision the subject matter of these proceedings. </p><p> The claim as endorsed on the Writ of Summons stated that-</p><p> &quot;1. The plaintiff claims for himself in virtue of the Western State of Nigeria Torts Law (Cap 122) in fo…</p>