OMOKRI JCA (Delivering the Lead Judgment): This is an appeal against the decision of W.S.N. Onnoghen, (as he then was) sitting at the High Court of Cross River State, Calabar, in suit No. C/23/91 delivered on the 18 December 1997 where the appellants’ claims against the respondents were dismissed with N5,000.00 (five thousand naira) costs awarded in favour of the respondents. The appellants who were plaintiffs at the trial court instituted proceedings in a representative capacity against the respondents claiming under paragraph 18 of the statement of claim as follows:
“1. A declaration that the defendants have breached fundamental terms of the lease agreement dated 26 November 1974 and registered as No. 64 at page 64 in Volume 116 of the Lands
Registry, Calabar and by such breach have forfeited their right to possession and/or occupation and/or whatever rights conveyed by the lease. An order cancelling the said lease and declaring the plaintiffs as proper parties entitled to the Certi…