<p>ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment or the High Court of Justice of Kwara State sitting in Ilorin Judicial Division in suit No. KWS/299/94 delivered by Hon. Justice J.A. Ibiwoye on the 17th day of February, 1999 in favour of the respondent. </p><p> In paragraph 16 of the Statement of Claim at page 13 of the record of proceedings, the respondent, as Plaintiff claimed against the appellants as follows:</p><p> &quot;16. WHEREOF the Plaintiff claims jointly and severally from the Defendant (sic)</p><p> (i) A declaration that the purported sale of the plaintiffs house lying and situate at Kulende, behind Goodwill Hotel on 28/11/94 by the 2nd Defendant acting on behalf of the 1st Defendant is illegal, unconstitutional, null and void.</p><p> (ii) An order selling aside the sale of the said house.</p><p> (iii) A declaration that the purported Mortgage of the Plaintiff&#x27;s house by the 3rd Defendant to the 1st Defendant without her knowledge or consent is illegal unconstitutional …</p>