COKER, J.S.C. (Delivering the Leading Judgment): This appeal involves two cases which were consolidated for hearing by the High Court, Lagos State (Dosunmu, J.). The parties to both cases are the same save for the fact that the plaintiffs in one are the defendants in the other. In the first of the cases, i.e. Suit No. LD/160/69, the plaintiffs are Shell BP Petroleum Development Co. of Nigeria Ltd., and the defendants Jammal Engineering (Nigeria) Limited. The writ of summons in that case, as finally amended, is endorsed as follows:
"The plaintiff claims against the defendant:
1. A declaration that the agreement partly written partly oral made between the plaintiff and the defendant between June 1968 and February 1969 whereby the defendant agreed to lease to the plaintiff upon certain terms, properties situate at and being houses Nos. 11, 12, 13, 14 and 2 Jammal Estate off Gerrard Road, Okoyi is a valid and subsisting agreement and is binding upon the defendant.
2. An Order of specific …