MUHAMMED, JCA: (Delivering the Lead Judgment): By a writ of summons taken from Benue State High Court of Justice holden at Makurdi, the plaintiff, and as per his paragraph 13 of the statement of claim made the following claim against the defendants:
“13. WHEREOF; the plaintiffs claim against the defendant jointly and severally is for the sum of two hundred and fifty thousand Naira (N250,000.00) being special and general damages suffered by the plaintiffs as a result of the accident.
PARTICULARS
1. Cost of repairs (including buying spare parts less------------ N20,000.00
deposited ---------N100,160.00
2. Loss of earnings from the vehicle as from 17th Nov. 1997 to 4th February, 1998 at N1,700 each day for 74 days ---------N125,800.00
3. General Damages------- N 24,000.00
Grand Total ----------------N250,000.00
The background facts giving rise to this case are as contained in the plaintiff’s statement of claim which was the only pleading filed before the lower court (as no statement of defenc…