A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): In this matter, the appellants were the defendants in the court below, while the respondent was the plaintiff. In the High Court of the then North Central State holden at Kaduna, the plaintiff had sued the defendants claiming diverse sums as damages for negligence arising from the handling of the defendant's lorry under the control of their driver and servant. The said lorry was negligently driven from the highway into the respondent's house and shop where it caused damage enumerated in the Statement of Claim.
The appellants appear to have accepted the finding of the learned trial Judge (Mohammed, J.), on the issue of their liability in law for the damage; their complaint deals solely with the award of damage made by the court under one of the particulars of claim.
The respondent under claim (g) of his PARTICULARS OF CLAIM", claimed:- "Loss of income at N50 a day for 30 days at N1,500."
There was unchallenged evidence before the…