<p><strong> MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of Justice I. E. Ogbodu, of the Delta State High Court, holden at Ogwashi-Uku, dated 2/2/2000. The plaintiff/ respondent in his amended statement of claim, claimed against the defendant/ appellant as follows:</p><p>“Wherefore the plaintiff claims from and against the defendant as follows: -</p><p>(a) Return of the plaintiff’s said vehicle to the plaintiff in its pre-accident condition, its market value then being ₦500, 000.00 (five hundred thousand naira).</p><p>(b) Payment of the sum of ₦2,500.00 (two thousand, five hundred naira) per day to the plaintiff for loss of use of the said vehicle from 17/12/95 to 3/7/97, which comes to ₦1,407,500.00 (one million, four hundred and seven thousand, five, hundred naira). </p><p>(c) Payment of the sum of ₦2,500.00 (two thousand, five hundred naira) per day to the plaintiff for the loss of use of the said vehicle from 4/7/97 until the defendant returns the vehicle.”</p><p>The writ of su…</p>