KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The Respondent/Cross-Appellant was the Plaintiff at the trial court while the Appellant/Cross-Respondent was the Defendant. Around 10th January, 1998, the Defendant engaged the services of the Plaintiff's tanker with registration No.AA418 LGJ to convey fuel from NNPC Jos depot to its service stations at Bauchi and Joseph Gomwalk Road in the Jos metropolis. While the tanker was discharging fuel at the Jos Road Filling Station there was a fire incident which resulted in the destruction of the entire tanker, its hose, spare tyre and jack. Consequent upon the fire incident, the Plaintiff commenced an action in Suit No.PLD/J/90/98 for negligence against the Defendant and in paragraph 26 of the Statement of Claim asked for N5,000,000.00 (Five Million Naira) only as special and general damages made up as follows:-
(a) N3,500,000.00 (Three Million Five Hundred Thousand Naira) only being the market value of the tanker
(b) The extr…