MOHAMMED LAWAL GARBA, (Delivering the Leading Judgment): This appeal is from the decision of the High Court of Kaduna State contained in a ruling delivered on the 19/2/07 relisting the suit No KDH/KAD/809/05 on its cause list after it was struck out on application by the plaintiff, Respondent herein.
The Respondent had in both the writ of summons dated 30 11 05 and the statement of claim dated 20/2/2006 at page 2 and 11 respectively of the record of appeal, made the following claims against the Appellant-
"1. A Declaration that the Defendant is not entitled to the sum of N8,689.00 (Eight Million, Six Hundred and eighty Nine thousand Naira) being management fee commission and processing fee charged on the performance Bond dated 21st June, 2005.
2. A Declaration that the said fee charable is limited to the actual amount routed through the Plaintiffs Account No. 1301171503 operated with the Apapa Branch of the Defendants Bank.
3. Special Damages on the sum of N4,179,689.00 (Million, One …