SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State sitting in Benin City and delivered by M.O. Ighodalo J. On the 19th day of November 2010.
The Respondent herein had as plaintiff in the lower Court commenced a suit vide a writ of summons and statement of claim dated 19/11/2001 and 4/3/2002 respectively against the Defendant (now Appellant). Subsequently in paragraph 45 of the Amended Statement of claim filed on 21/9/2005 the Respondent sought the following reliefs against the Appellant.
45.WHEREOF: the plaintiff claims against the Defendant the sum of Five Million, Thirty Five Thousand Naira (N5,035,000.00) being special and general damages for injuries suffered by the plaintiff and physical assets lost to the accident of the 9th October 2001 caused by the agent of the Defendant.
PARTICULARS OF DAMAGES
A. SPECIAL DAMAGES
A.1 MEDICAL EXPENSES
I. Cost of treatment for the plaintiff N250, 000.00
II. Cost of re…