MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The appellant herein as plaintiff, instituted an action against six defendants before the High Court of Cross River State, Akamkpa Judicial Division, in Suit No. HK/1/2005, vide his writ of summons and statement of claim which he filed on 4th January, 2005. In the course of hearing the matter, the then first defendant died and on 15th December, 2006, his name was struck out from the suit. The trial court then ordered that the names of the remaining defendants be re - numbered serially from 1st - 5th, to reflect the unfortunate but changed situation.
At the lower court, the then plaintiff claimed in his amended statement of claim, filed or 14th March, 2007 with leave of the trial court sought and granted on 19th February, 2007 as follows:
"WHEREOF the Plaintiff claims from the Defendants N20,000,000.00 (Twenty Million Naira) General Damages and Special Damages as follows:
i. Four Hundred Thousand Naira (N400,000.00)…