THERESA NGOLIKA ORJI-ABADUA, J.C.A(Delivering the Leading Judgment): This is an appeal against the decision of the Kano State Federal High Court delivered on the 18th June, 2007. The genesis of this appeal is that by the Writ of Summons dated the 19th September, 2003, but issued on the 23rd September, 2003, the Respondent, i.e., the Plaintiff therein, initiated a civil action against the Appellant before the Kano Division of the Federal High Court. He claimed as per his Statement of Claim dated the 19th September, 2003 thus:
"1. A declaration that the seizure by the defendant of the plaintiff's norica tomatoes paste, is unlawful. The sum of N5, 891,000.00 representing special and general damages suffered by the Plaintiff as a result of the action of the defendant.
PARTICULARS OF SPECIAL DAMAGES
(a) Cost of 4000 cartons of Norica tomatoes paste at N925.00 per carton = N3,700,000.00
(b) Cost of transportation from Lagos to Kano = N175,000.00
(c) Total cost of evacuation and transportati…