SOWEMIMO, J.S.C. (Delivering the Leading Judgment ):The appellants, who were defendants in the lower court, have appealed against the judgment of Allagoa l. in which he awarded a total sum of 6,541.14s.6d as special and general damages against them jointly and severally in favour of the respondent.
The action titled Suit No. HU/9/1965 was instituted at the High Court, Umuahia, in the then Eastern Nigeria. The plaintiff's claim as contained in paragraph 18 of the statement of claim is expressed as follows:-
"Whereof the plaintiff claims from the defendants jointly and severally 7,015.18s.6d made up as follows:
1. 1,374.18s.6d being the unpaid balance of the value of the work done by the plaintiff for the defendants in 1964 at Ohafia, Umuahia at the request of the defendants.
2. 5,641 being general damages being approximately 10 per cent profit of the value of a contract made and to be performed at Ohafia between the plaintiff and defendants in an agreement dated 23rd March, 1964 whi…