MORGAN IGBINOVIA J. O. IMADE V. EM MANUEL AGBOIFO

ROWLAND, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Smith, J., sitting at the Agbor High Court in suit No. AG/26/89 wherein the learned Judge entered judgment in favour of the plaintiff against the defendants in the sum of N57,267.00 as special and general damages. Dissatisfied with the said judgment, the defendants have appealed to this court. The Notice of Appeal contains four grounds of appeal. In paragraph 11 of the Further Amended Statement of claim, the plaintiff claimed against the defendants as follows:- “The plaintiff ’s claim against the defendants jointly and severally is for the sum of Hundred Thousand Naira (N100,000.00) being special and general damages for injuries to the plaintiff’s body and damage of plaintiff’s car with Registration No. BD 1521 WA duly caused by the 1st defendant being the driver of 2nd defendant’s Mercedes Benz 911 Registration No. BD 1222 S”. To my mind, the facts of the case are simple and straightforward or ab…