AKAAHS JCA (Delivering the Lead Judgment): On 7 June 2000, the respondents as plaintiffs took out a writ of summons in the High Court of Cross River State, Calabar Judicial Division in suit No. C/235/2000 claiming A against the defendants, now appellants, jointly and severally, a total sum of five million naira (N5,000,000.00) as special and general damages arising from the incidence of 2nd April 2000 caused by the 1st defendant for which the 2nd defendant is vicariously liable.
In the amended statement of claim dated 10 November 2004 but filed on 11 November 2004 in which Leadway Assurance was joined as the 3rd defendant, the plaintiffs claimed against the defendants jointly and severally, special and general damages in paragraphs26, 27 and 28as follows:
“26. Special damages incurred by the plaintiffs are:
Cost of treatment of 2nd plaintiff, N7,953.50 (seven thousand, ninehundred and fifty-three naira, fifty kobo).
Prescription notes and receipts for the purchase of drugs are hereby pl…