HUSSAINI & ANOR
V.
OGBUOKIRI
·
MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Akaahs, J (as he then was), of the Kaduna State High Court of Justice sitting at Kaduna and delivered on 16/1/96. The respondent was the plaintiff at the trial court and had instituted his action against the appellants who were the defendants and claimed against them jointly and severally in paragraph 13 of the statement of claim as follows:
"(a) The sum of five hundred Naira daily from 24th July, 1992 (being daily loss of use to the plaintiff) until the determination of this suit and/or until the defendants pay the Judgment debt.
(b) The sum of N600,000.00 (Six hundred thousand Naira) only being the market value of the plaintiffs vehicle less the scrap value as compensation or damages for the plaintiffs vehicle which is a total wreck."
The parties duly filed and exchanged pleadings before the case went to trial in the course of which the plaintiff testified and called 4 witnesses who testifi…