SANUSI, JCA (Delivering the Lead Judgment): In this suit a summary of the plaintiff’s claim against the defendants jointly and severally at High
Court of Benue State holden at Gboko as contained in the writ of summons in statement of claim reads as follows: Special damages for the sum of five hundred thousand naira itemised as follows:
Value of the car damaged beyond repairs A
N200,000.00
Cost of medical treatment and burial expenses N 30,000.00
General damages
Loss of use of the plaintiff’s car from the 15th October, 1993 to date and general incoveniences pains and injuries N270,000.00 TOTAL N500,000.00
Also when served with the writ and statement of claim, the two defendants responded by filing a joint statement of defence wherein the 2nd defendant made counter-claim against the plaintiff which is reproducedbelow: the sum of two hundred thousand Naira (N200,000.00) being special damages arising out of losses suffered on account of the accident by the reckless or negligent act of the …