GALADIMA JCA (Delivering the Lead Judgment): This is an appeal against the decision ofAgbo (J) of the Enugu State High Court delivered on 22/10/99 insuit No.E/43/92 infavour ofthe plaintiffhereinafter tobe referred to as the respondent. A
By paragraph 20(a) of its further amended statement of claim the plaintiff’s claims against the respondent were as follows:-
“A(i) Replacement engine for AN 7322 EB - N145,103.77
Replacement engine for AN 6619 EB - N145,103.77
Insurance costs for AN 7322 EB - N 1,457.77
Insurance costs for AN 6619 EB - N 1,457.77
Freight duty, clearingcharges for replacement engine for AN 7322 EB - N 68,033.49 Freight duty and clearing charges for AN 6619 EB - N 68,033.49 N429,190.06” It also claimed compensation for loss of earnings.
Parties filed and exchanged pleadings. Trial commenced with the plaintiff and itsmanaging directortestifying. Respondent also called a witness to defend the claims against it.
In his judgment afterthe addressof counsel,learned trial Judge ent…