THERESA NGOLIKA ORJI-ABADUA, JCA (Delivering the leading Judgment): This appeal emerged from the decision of the Kano State High Court dated 22/6/2009 in suit No. K/170/2007. The facts leading to this appeal are that by the Specially Endorsed Writ For Service Out Of Jurisdiction dated the 29th March, 2007 and the Endorsed Statement of Claim pursuant to Order 5 Rule 10 of the Kano State High Count (Civil Procedure) Rules, the Respondent herein, as the Plaintiff therein, claimed against the Appellants (the Defendants therein) the following:
"a. The plaintiffs claim the sum of Three Hundred and Fifty-Five Million, Six Hundred and Thirty One Thousand, Nine Hundred and Six Naira and Sixty Seven Kobo (N355,631,906.67) being the balance of the money paid to the first and second defendants by the plaintiffs for the supply of Fertilizer. The amount paid by the plaintiffs to Sino-Afric Agricultural And Industrial Company Limited by reason of two insurance Policies Nos. A1001800090984 and H00160…