HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering The Leading Judgment): This appeal is against the judgment of the High Court of Kano State delivered in Suit No K/323/2005 by Honorable Justice Patricia Mahmoud on the 10th of November, 2017.
The Respondent was the claimant in the lower Court and he originally commenced the action by means of an Originating Summons. The Originating Summons was apparently converted to writ of summons and consequent on which the Respondent filed a statement of claim and his claims against the Appellants were for:
i. A declaration that the Respondent was entitled to the agreed 5% commission in the sum of N64,026,806.47 being 5% of the total sum of N1,280,089,320.53 granted to the first Appellant as Export Expansion Grant as his agency commission.
ii. The sum of N64,026,806.47 being the sum of the agency commission due and payable by the Appellants to the Respondent.
iii. Damages for breach of action.
iv. Cost of the action.
The case of the Respondent in suppo…