JEGA JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Kano High Court of Justice presided over by Hon. Justice Muhammed Umar Alkali in suit No. K/1073/97 wherein he entered judgment against the appellants on the 31st January, 2002 in the sum of ₦5 million (five million naira).
The facts of this case as can be seen from the totality of the records presented before this court inclusive of the briefs filed are as follows:
The respondent, who was the plaintiff in the lower court had commenced this suit as the father of one late Shamsudeen Ibrahim, who died sometime on the 9th day of May, 1997 vide an accident allegedly caused as a result of the negligent driving of the 2nd appellant who was a driver in the employment of the 1st appellant. The writ of summons which was issued against the appellants on the 3rd day of December, 1997 had endorsed on it a statement of claim as follows:-
“(a) on or before the 8th day of May, 1997, the second defendant while in …