MOHAMMED GARBA V. ALH. MADU GAJI

MUKHTAR, JCA (Delivering the Lead Judgment): In the High Court of Justice, Borno State, holding in Biu, the appellant took out a writ, and the endorsement on the writ reads as follows:- “The plaintiff claims against the defendant the sum of N100,000.00 being special and general damages caused to the plaintiff by the negligent driving of the defendants vehicle, to wit: Nissan Baralet Brand of tipper Registration No. BU 1256by the agent, servant and or employee of the defendant on 12/2/92 at about 7.30pm the defendant’s agent, servant and/or employee while in the course of his duty drove the defendant’s vehicle registration No. BO 1256along Biu Maiduguri Road negligently and without the headlight and swerved to the lane of plaintiff’s vehicle Reg. No. GG 618 GB and crushed the plaintiff’s in a village called Yamarkumiwithin the jurisdiction and the plaintiff’s vehicle got damaged beyond repairs killing the only passenger and seriously wounding the plaintiff (sic) driver.”

The appellant…