<p><strong> SANUSI, JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of Plateau State High Court of Justice delivered on 28/4/2000 by Uloko, the learned Chief Judge of Plateau State, in suit No. PLD/J/190/98. At the lower court, the respondent in this appeal, was the plaintiff while the appellant was the defendant.</p><p>The claims made by the plaintiff/respondent against the defendant/ appellant as adumbrated in the concluding part of the statement of claim are as follows:</p><p>“Whereof the plaintiff claims against the defendant the sum of N5,000,000.00 (five million naira) only made up as follows:</p><p>The market value of the tanker is N3,500,000 (three million, five hundred thousand naira) only. The extra tyre N34,000.00 (thirty-four thousand naira) only.</p><p>Trailer jack N6,000.00 (six thousand naira only).</p><p>Hose N30,000.00 (thirty thousand naira) only.</p><p>(e) Loss of earnings from 10th January, 1998 to 31st March, 1998 at the rate of N9,672.30k for 80 days given a total of N773,784.00 (seven h…</p>