UNITY LIFE & FIRE INSURANCE COMPANY LIMITED V. D. A. LADEGA & ORS

OGUNTADE, J.C.A. (Delivering the Leading Judgment): On 30 December, 1985, the 1st to 5th respondents as plaintiffs, before the High Court, Sagamu, issued a Writ of Summons against 6th to 8th respondents, as defendants, claiming against them jointly and severally pecuniary damages in Negligence arising out of an automobile accident that occurred on 14th January, 1983 along Lagos - Ibadan Expressway. The accident involved vehicle No. LA 6979 AL driven by 5th defendant and in which all the 1st to 5th respondents were travelling and another vehicle No. LA 2225 S driven by the 6th respondent.

The 6th respondent was sued as the driver of vehicle LA 2225 S whilst the 7th and 8th respondents were sued as being vicariously liable for the negligence of the 6th respondent. The 1st to 5th respondents as the plaintiffs, filed their statement of claim; and the 6th respondent filed his statement of defence.

On 20th March, 1990, the 1st to 5th respondents (hereinafter referred to as the plaintiffs) …