HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the leading Judgment): This is an appeal against the decisions contained in the Ruling and Judgment of the High Court of Kano state in Suit No.K/359/2009 delivered by Honorable Justice A. M. Haliru on the 31st of March, 2010. The Respondent, as plaintiff, commenced an action in suit No.K/359/2009 in the Kano State High Court under the Undefended List Procedure and the original defendants were the Appellant and Zenith Bank Plc. By a writ of summons marked under the undefended List and dated the 25th of August, 2009, the Respondent claimed against the Appellant and Zenith Bank Plc. thus:
a. N51,992,562.32 (Fifty one Million Nine Hundred and Ninety Two Thousand Five Hundred and sixty Two Naira Thirty Two Kobo) being the balance unpaid on the price of the Plaintiff's products collected by the 1st Defendant and guaranteed by the 2nd Defendant.
b. Alternatively, the Respondent claimed thus:
i. From the 1st Defendant, the sum of N41,992,562.…