KUBI AND OTHERS vs. DALI

JUDGMENT OF ABBAN J.A. On 21 May 1981 there was a head-on collision between two vehicles on the Asikuma-Frankadua motor road. The vehicles involved were AF 2294 and AZ 5690. The first appellant was in charge of vehicle No AF 2294 as the driver and servant of the second appellant, while the third appellant was the driver of the fourth appellant. The respondent (hereafter called the plaintiff), a 45 year-old trader, was a fare-paying passenger on vehicle No AF 2294. She was travelling from Frankadua to Dzemani market where she had intended to sell her goods. As a result of the said collision, the two vehicles caught fire and in the ensuing conflagration, the plaintiff sustained serious physical injuries and her goods which were on the said vehicle also got completely burnt. The plaintiff attributed the cause of the accident to the negligent driving of the first and third appellant. In her statement of claim, the plaintiff set out fully the particulars of the said negli...