KANU C. OFFONRY V. HELEN PRETTY EMEZI & ANOR

HARUNA M. TSAMMANI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of N. O. Adigwe; J of the Imo State High Court sitting at Owerri in Suit No: HOW/209/2000, delivered on the 21st day of March, 2005.

The Appellant as plaintiff in the Lower Court had taken out a writ of summons against the Respondents, claiming special and general damages for assault committed against him by the Respondents. Specifically, he pleaded in paragraphs 12 and 13 of the statement of claim dated the 17/2/2001 (pg. 11 of the record of appeal), as follows:

12. The Plaintiff suffered losses and embarrassment to his person from the defendants' concerted unlawful and unjustifiable assault on his Person.

13. WHEREOF the plaintiff claims jointly and severally the defendants (sic) as follows:

(i) SPECIAL DAMAGES

(a) Tore (sic) shirt - N2, 000.00

(b) Pair of Prescribed eye glass - N50, 000.00

(c) Loss of earrings - N100, 000.00

(ii) GENERAL DAMAGES - N4, 848.000.00

TOTAL - N5, 000,000.0…