MOHAMMED, J.C.A., (Delivering the Leading Judgment) This is an interlocutory appeal against the ruling of Awala J. of the High Court of Justice of Delta State sitting at Warri and delivered on 2-12-1997. The appellants who were the plaintiffs by a writ of summons filed suit No. W/399/96 against the respondents as the defendants at the court below and claimed mainly declaratory reliefs and injunction. The writ of summons accompanied by a motion ex-parte and a motion on notice for interim and interlocutory injunction were filed on 23-12-1996 at the trial court. The ex-parte motion for interim injunction pending the determination of the motion on notice for interlocutory injunction was granted by Dorubo Narobor J. of the Warri High Court on the same 23-12-1996 while the motion on notice was adjourned for hearing on 6-1-1997 but remained unheard up to today for reasons which are not apparent from the record of this appeal.
Meanwhile, pleadings were duly filed and exchanged between the pa…