MAHMUD MOHAMMED, JSC: (Delivering the Leading Judgment): The Appellant in this appeal was the plaintiff at the trial High Court of Justice of Kwara State sitting at Ilorin where he instituted his action against the Respondents in this appeal who were the Defendants at the trial Court and claimed in the Writ of Summons and the statement of claim the following reliefs.
"(i) N900,000 (Nine Hundred Thousand Naira) special damages and
(ii) N50,000 (Fifty Thousand Naira) general damages.
Particulars of special damages:
N900,000 being money lost on the resale of the plaintiff's car which loss was occasioned by the damage caused to the car by the defendants."
The case was heard on pleadings duly filed and exchanged between the parties with the plaintiff/appellant filling a reply to the defendant/respondents statement of defence. The cases of the parties on their pleadings is straight forward. While the Appellant who was the Plaintiff put the blame for the accident that caused the damage to …