FREDERICK O. OHO, J.C.A. (Delivering the Leading Judgment): In this Appeal and Cross Appeal, action was commenced at the High Court of Imo State Sitting at Owerri by writ of summons issued on the 1st day of November, 2007 at the instance of the Claimant, (who in this Appeal is the Respondent/Cross-Appellant) against the Defendants (who in this Appeal are the Appellants/Cross-Respondents). At paragraph 31 of the Claimant's Statement of Claim, the Claimant claimed against the Defendants as follows:
"WHEREFORE the Claimant claims against the Defendants as follows:
1. A Declaration that the 2nd defendant's negligent driving of the 1st defendant truck with Registration No. XA 493 BWR and fleet No. B 4690 on the 8th December, 2006 which collided with the Plaintiff's car was unlawful, malicious, reckless and negligent.
2. A Declaration that the 1st defendant is vicariously liable for the reckless, malicious and negligent driving of the aforesaid truck by one Godwin Obado, its employee, serva…