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B. O. BABALAKIN, J.S.C. (Delivering the Leading Judgment): This appeal once more brings into focus the quantum of evidence required to sustain proof of facts pleaded in a Statement of Claim.
The facts that led to this appeal are that the respondent as plaintiff took action against the appellants as defendants in Sapele High Court of the then Bendel State but now Delta State of Nigeria for damages done to his Steyr kerosine tanker with Registration No. LP 7875 which was hit and damaged by a Mercedes Benz trailer with Registration No. LAA 8084 A driven by the 1st appellant and owned by the 2nd appellant. The defendants/appellants denied the plaintiff/respondent's claims and thereupon pleadings were ordered, filed and exchanged. In course of trial these pleadings were amended. At paragraphs 13 and 15 of the further amended Statement of Claim dated 27th June, 1983, the plaintiff/respondent set out the particulars of negligence and his claims for special and general damages respectively as…