IBIYEYE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Onafite Kuejubola, J. of the Delta State High Court of Justice sitting in Warri on the 25th day of September, 1998. The plaintiff who is the respondent in this appeal claimed in paragraph 26 of his further amended statement of claim against the defendant as appellant as follows:-
Whereas the plaintiff claims against the defendant the sum of N9.664,250 (Nine million, six hundred and sixty four thousand two hundred and fifty naira) as special and general damages being the loss suffered by the plaintiff.
PARTICULARS OF NEGLIGENCE
Based on cheques issued by the plaintiff to the Nigerian Ports Authority to be drawn on the defendant, the defendant refused, failed and/or negligently refused to pay same despite the sufficiency of funds at the material time.
PARTICULARS OF SPECIAL DAMAGES
Amount of refund plaintiff is entitled to from Nigeria Ports Authority is $12, 779.33 (Twelve thousand, seven hundred…