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KALGO, JSC: (Delivering the Lead Judgment) This action was commenced in the High Court of Borno State. The writ of summons, together with the statement of claim, was served on the defendants, now respondents, after obtaining leave of the trial court for service on the 2nd respondent , who was out of the jurisdiction of that court. In the writ, plaintiff, now appellant, claimed for:-
“A declaration that the defendants are jointly and severally liable to the plaintiff for all damages suffered by the plaintiff as a result of an accident involving the plaintiff’s PeugeotSaloon Car with registration No. BD 8118 JA and the second defendant’s MAN DIESEL Lorry with registration No. PL 218 J, driven by the first defendant for and on behalf of the second defendant, which said accident occurred on the 14th of December, 1987, near Lamantoi Village in the Konduga Local Government of Borno State along the Biu-Maiduguri Federal
Highway, as a result of which the plaintiff’s car and the goods being ca…