MOHAMMED, JCA.: (Delivering the Lead Judgment) This is an appeal against the judgment of Onuorah, J. of the Katsina State High Court of Justice, sitting at Funtua, delivered on 27/11/97. The appellant, who was the plaintiff at the court below, in his last unnumbered paragraph of his statement of claim, dated 14/6/95, claimed against the respondents, who were the defendants, the following reliefs:-
“WHEREOF the plaintiff’s claim is as follows:-
(i) A declaration that the contract of sale agreement entered into on the 12th of December, 1993 between the plaintiff and the first defendant is valid and subsisting and that plaintiff is entitled to use and occupy the house situated at No. 2, Sambo Road, within Funtua Low-Cost Housing Estate.
(ii) An order directing the first defendant to give effect to the terms of the sale agreement by causing the said house to be yielded up to the plaintiff in compliance with the terms of the sale agreement.
(iii) An order declaring the presence of the 2nd d…