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S. U. ONU, J.S.C. (Delivering the Leading Judgment): This appeal is sequel to the majority judgment of the Court of Appeal, Kaduna Division (Coram: Mohammed, J.C.A. as he then was, Akpabio J.C.A. vis-'a-vis the minority judgment of Ogundere, J.C.A.) which on 24th July, 1989, set aside the judgment of the Kwara State High Court (Olagunju, J. as he then was) holden in Okene dated the 14th day of May, 1987.
The plaintiff/appellant's claim, founded in negligence as against the defendants/respondents jointly and severally and as contained in paragraph 21 of its statement of claim was as follows:-
"21. By reasons of the above premises the plaintiff claims as per
the writ of summons and as follows:
Special damages
Value of vehicle - N30,000.00
Loss of income and use
Income/loss of income per day at N 120.00 - N20,000.00
Loss of use for construction work
(Cost of hire of alternative vehicle) -N 12,000.00
General damages -N 4,000.00
TOTAL - N 66,400.00
Pleadings were ordered, filed and exch…