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.
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:
"16. WHEREOF the Plaintiff claims jointly and severally from the Defendant (sic)
(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.
(ii) An order selling aside the sale of the said house.
(iii) A declaration that the purported Mortgage of the Plaintiff's house by the 3rd Defendant to the 1st Defendant without her knowledge or consent is illegal unconstitutional …