EDU
V.
C.A.W.R.R.D.

(2000) JELR 57724 (CA)    

Court of Appeal  ·  CA/C/15m/99 . ·  10 May 2000 ·  Nigeria
 · 
Other Citations
Edu v. Comm. for Agric. (2000) 12 NWLR (Pt. 681) 316
CORAM
DENNIS ONYEJIFE EDOZIE, JCA (Presided and Read the Lead Judgment) OKWUCHUKWU OPENE, JCA SIMEON OSUJI EKPE, JCA
Core Terms Beta
respondent
motion
interlocutory injunction
applicants
better affidavit
plaintiffs
said boje cocoa estate
learned acting chief judge
boje cocoa estate
support of the originating summons
counter-affidavit
grounds of appeal
originating summons
plaintiffs’ predecessors
defendant’s predecessors
lease agreement
major issues
exhibit a.
further answer
personal knowledge
22-paragraph affidavit
affidavit evidence
affidavits of the applicants
calabar high court
favour of the respondent
honourable court
incompetence of the deponent
provisions of sections
support of the said application
affidavit of the applicants
benue state v
breach of the evidence act
following reliefs
following terms
lead judgment
narrow issue
occupiers of boje cocoa estate
order of injunction
order of interlocutory injunction
prerequisite of affidavit evidence
respect of the said boje cocoa estate
respondent takes
rules of cross river state
said lease
starting point
such further order
such matters
title’s letter
virtue of the affidavit evidence

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…

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