ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the final judgment of Kaduna State High Court in suit No. KDH/KAD/114/2005, delivered by Hon. Justice T. Zailani on 22/5/2006, wherein the learned trial Court dismissed the claims of the Plaintiff (Appellant herein) and granted the Counter-claim of the Defendants (1st Respondent herein), in part.
Appellant's claim in the Court below, as per the writ of summons, filed on 17/2/2005 and the statement of claim was for:
"(a) A declaration that the contract between the plaintiff and the first Defendant for the sale of the property known called and described as plot No. 3 Fabson close, Tudun Wada, Kaduna is still valid and subsisting.
(b) A declaration that the 1st Defendant cannot rescind the contract for the sale of property known, called and described as Plot No. 3 Fabson Close, Tudun Wada, Kaduna he entered into with the plaintiff while the plaintiff has sufficiently paid for the said property and/or wh…