4 Paragraph 9: The Plaintiff avers that they promptly lodged a complaint with the police and men from the Road Traffic Department came and took measurement of the scene of the accident. Pictures of the scene of the accident as well as the present state of the Plaintiff’s vehicle were also taken. The Plaintiff pleads and shall rely on the photographs at the hearing of this trial. Paragraph 10: The Plaintiff further avers that from the measurement taken, it was discovered that the defendant who was coming from the Zuba axis left his lane and jumped into the Plaintiff’s vehicle lane which was coming from Gwagwalada. Consequently, the defendant’s vehicle ran into the Plaintiff’s vehicle. The law is settled that the tort of negligence arises when a legal duty owed by the defendant to the Plaintiff is breached. To succeed in an action for negligence therefore, the Plaintiff must prove by preponderance of evidence or the balance of probabilities that: (a) The defendant owed him a duty of care (b) The duty was breached (c) The Plaintiff suffered damages arising from the breach. See Anyah v. Imo Concords Hotels Ltd (2002)12 S.C. (pt.11) 77. Negligence is therefore a question of fact to be established by evidence and not law. In an action for negligence, a Plaintiff can only succeed if in addition to pleading it and particulars thereof, he or she must also show the duty of care owed him or her by the defendant and the breach of that duty by the defendant. It is not enough to allege all these in pleading without establishing them by