EDOZIE, JCA (Delivering the Lead Judgment): The narrow issue raised in this appeal is the legal requirement or prerequisite of affidavit evidence. This issue arose from a motion on notice for interlocutory injunction brought subsequent to an originating summons filed on 26th June 1997 in the Calabar High Court, whereby the appellants herein, as plaintiffs, in a representative capacity sued the respondent, therein as defendant, seeking the following reliefs:-
“(a) A declaration that the lease agreement dated 15/10/63 and entered into between the plaintiffs’ predecessors-in-title and the defendant’s predecessors-in-title has become spent and/ or ceased to have any force and/or determined by reason of the re-entry and repossession of the land known as BOJE COCOA ESTATE by the plaintiffs’ predecessors-in-title due to the breach and/or non-observance of its covenants in the said lease by the defendant’s predecessors-in-title.
(b) A declaration that by the operations of the Land Use Decre…