This is an appeal from a judgment of Nkereuwem, J., delivered on 28 June, 1990 at the Oron High Court. The plaintiff in his statement of claim, paragraph 16, asked for damages of N74,280.00 in the nature of special and general damages which he alleged he suffered as a result of the damage done to his speed boat (which he bought on hire-purchase) by the defendant's vessel "P.F. Obubra" at the Oron Wharf, on or about 21 October, 1987. The claim as specified is as follows:

The learned Judge gave judgment for the plaintiff for a total sum of N195,200.00. Items 1 and 2 as claimed by the plaintiff were awarded in the said judgment also as items 1 and 2. Item 3 as claimed was awarded on two arms: (a) 'Loss of income from 21/10/87 to 11/1/88', N13,280.00 which came under the learned Judge's award as item 4; (b) 'loss of income from 22/1/88 (when this action was filed to 28/6/90- which is the date of judgment)', N141,920.00, which came under the learned Judge's award as item 5. Item 4 as claimed became only N2,000.00 under the learned Judge's award as item 3. Costs of N1,000.00 were also awarded in favour of the plaintiff.

The defendant, being dissatisfied, appealed against the decision.