JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of A.A. Sanda, J. of the Oyo State High Court holden in Ibadan which judgment was delivered on the 22nd day of April, 2004 in suit No. 1/12/2001. At the court below, the Appellants were the Defendants and the Respondent the Plaintiff who claimed against the Defendants both in the writ and statement of claim [paragraph 24] as follows:-
"Whereof the Plaintiff claims against the Defendants jointly and severally the sum of Five Million Naira [N5m] only being General and Special Damages when on the 21st day of July, 2000, at OJOO JUNCTION, IBADAN, a motor vehicle Bedford Lorry Truck with Registration Number AE 120 BDJ owned by the first Defendant under the management and control of the second defendant as the driver upon being negligently and recklessly driven by the second Defendant while in the employ of the first Defendant emerged from the IWO ROAD side of the expressway Ibadan, lost cont…