SALAMI, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Bako, J., delivered on 10th day of July, 1998, in the Katsina Judicial Division of Katsina State High Court of Justice. The plaintiff in his writ of summons sought five reliefs, the fifth one being in the alternative. Pleadings were ordered and were settled at an amended statement of claim, a joint statement of defence of the first and second defendants, a statement of defence of the third defendant to which was subjoined a counter- claim as well as a reply to the statement of defence of all the defendants and the counter claim. The plaintiff’s claim against all the defendants jointly and severally as endorsed on the amended statement of claim reads as follows -
“1. The sum of N180,000.00k (one hundred and eighty thousand naira) allegedly taken by 1st defendant as transport cost and expenses to Lagos on three occasions.
2. N30,000.00 spent by the Managing Director of the plaintiff and the Assistant …