ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of High Court, Abeokuta, Ogun State delivered by Olapede, O. O., Judge, delivered on 02-06-2005.
The brief fact of the case is that the Respondent as Plaintiff instituted the suit against the 2 appellants as Defendants claiming the sum of N2,000,000.00 as special and general damages for the motor accident which occurred on 19-05-2003 along Akarigbo Street, Isale-Ako Sagamu due to the negligence of the 2nd appellant who at the material times, was a driver in the employment of the 1st Appellant. During proceedings of the suit at the lower court, parties exchanged their pleadings and it was adjourned to a date for hearing. The Respondent testified as PW1 and called another witness who testified as PW2. The Appellants who filed their joint statement of defence and was represented by a learned counsel, failed to call any witness for their defence by resting their case on that of the Respondent. …