KUMAI BAYANG AKAAHS, J.C.A. (Delivered the Leading Judgment): The 1st Respondent was the Plaintiff while the 2nd, 3rd, 4th Respondent and the Appellant were the Defendants respectively in suit No.I/142/97. There were 34 cases in all and even though there was no formal consolidation of the cases, counsel to (he parties and the trial court agreed that suit No. I/142/97 between KAMARDEEN LEYE ADEWUSI v. (1) SAMUEL AZU, (2) SAMUEL GRAZE (3) ISMAILA ADEDIRAN and NATIONAL OIL and CHEMICAL MARKETING PLC should be treated as a test case for the other cases. In the court below the plaintiff claimed in paragraph 31 of the Amended Statement of Claim filed pursuant to order of court dated 1st August, 1997 as follows:-
"31 WHEREOF the plaintiff claims against the defendants jointly and severally the sum of N1,581,100.00 damages suffered by the plaintiff as a result of the negligence of the 3rd defendant who in the course of his employment negligently drove vehicle No. OY 3682 AB on the 15th of May…