BA'ABA JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the Kano State High Court of Justice holden at Kano Judicial Division, delivered on the 29th day of October 2001, by Saka Yusuf J, of the Kano State High Court.
The 1st respondent who is the plaintiff at the trial court, took out an endorsed writ of summons dated 19/4/2001, against the appellant who is the 1st defendant and five other respondents and by paragraph 37 of the statement of claim, also filed on 19/4/2001, the 1st respondent claimed the following reliefs: “37. The plaintiff claims from the defendants jointly and severally all the reliefs hereinafter stated.
A declaration that the plaintiff is in lawful possession of the said properties covered by the said two certificates A of occupancy. A declaration that there is a lawful and binding agreement to sell between the plaintiff and the 1st defendant.
A declaration that the 1st defendant after accepting the purchase price of the said…