REGINA OBIAGELI NWODO, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Lagos State delivered on the 19th of November, 1999. The Plaintiff now the Respondent commenced an action against the Appellant in the High Court of Lagos State by Writ of Summons and Statement of Claim dated 29 November, 1993 filed on 1st December, 1993. The Statement of Claim was later amended and filed as Amended Statement of Claim on 13 December, 1994. The Plaintiff by leave of court further amended the Amended Statement of Claim and filed same on 18/11/98 wherein he claims against the Defendant as follows:
"WHEREFORE the Plaintiff claims against the Defendant special and general damages for loss suffered by the Plaintiff as a result of the Defendant's negligence and/or breach of statutory duty which resulted in explosion and damage by fire to the Plaintiff's premises at KM 17 Badagry Expressway, Lagos, together with interest as follows:
1. Special Damages:-
(a…