MUHAMMAD, JCA (Delivering the Lead Judgment): The plaintiff/ respondent sued the defendants jointly and severally claiming as per his writ of summons the sum of N200,000.00 being special and general damages for negligently causing damage to the respondent’s tractor in an accident which occurred on 15/9/89 along Gboko - Makurdi Road. After service of the writ of summons, the respondent filed a statement of claim, this time claiming the sum of N550,000.00. No filing fee was paid for the excess of N350,000.00.
The respondent later brought a motion to amend the statement of claim. The motion was moved and granted as prayed on 1/2/94. By the amendment, the respondent claimed against the defendants the sum of N1,274.040.00.
Again no filing fee was paid for the excess of N1,074,040.00.
The respondent gave evidence and called three other witnesses. The first defendant testified for the defence. Parties then addressed court. A In his judgment the trial Judge awarded against the defendants a tot…