EDOZIE, JCA (Delivering the Lead Judgment): The appellant herein, a haulage contractor was the plaintiff in suit No. C/139/88, which he instituted against the respondents as defendants at the High Court Calabar on 14th A November, 1988. Pleadings were duly filed and exchanged and subsequently amended. Each of the respondents filed a separate statement of defence. As spelt out in paragraph 17 of the appellant’s amended statement of claim the reliefs therein sought are in the following terms:- “17 Where upon the plaintiff claims against the defendants jointly and severally as follows:-
Special damages
Cost of repairs of trailers with registration Nos. CR 2811 CA,
CR 6662 CB and CR 8685 CA - N80,000
Loss of earnings for 126 days , that is, from 4th May, 1988 to 7th September, 1988 at the rate of N1,500 per day per vehicle - N567,000 General damages for breach of contract - N120,000
Total - N765,000 At the trial, both the appellant and 1st respondent led evidence but no evidence was prof…