ONALAJA, J.C.A. (Delivering the Leading Judgment):The plaintiff hereinafter referred to as the appellant sued the three defendants jointly and severally in the Federal High Court as per paragraph 19 of its statement of claim as under. The statement of claim is referred to following the accepted rule that the statement of claim supersedes the endorsement or particulars of claim in the writ of summons.
The three defendants are henceforth referred to in this judgment as the 1st, 2nd and 3rd respondents respectively.
Paragraph 19 of the statement of claim avers as follows:-
"19. Whereupon, the plaintiff claims against the defendants special and general damages for the breach of the contract of carriage resulting in the loss suffered by the plaintiff as per the writ ofsummons and as follows:-
Particulars of Damage
Special Damages
(1)To CIF value of 12 pallets uncosted
bond paper short delivered by the
defendants valued atN70,067.63
(2)To proportionate value of duty paid
by the plaintiff on the sh…