OGUNBIYI JCA (Delivering the Lead Judgment): By a writ of summons taken out and also statement of claim dated 16 March 1993 at the High Court of Justice Lagos State in suit No. ID/543/93, the plaintiff’s claim against the defendant reproduced at page 3 of the record of appeal vide the writ of summons is for the sum of N225,250.00 being special and general damages suffered by the plaintiff as a result of the breach by the defendant/company. Particulars
Cost of BMW saloon car N140,000.00
Cost of hiringthe said car for 31 days I.U.11 January 1993 to February 16, 1993 at N1000.00 per day 31,000.00
Cost of agreement and registration fees paid to the defendant 4,250.00 General damages 50,000.00 Total N225,250.00 Pleadings were filed and exchanged between parties. The plaintiff testified in the action but did not call any other witness in support of his A claim. In the same vein, the defendant also called only one witnessin support of their defence.
At the end of the proceedings and on the 2…