KUMAI BAYANG AKAAHS, J.C.A (Delivering the Leading Judgment): Before the present suit No. HC/366/2009 which gave rise to this appeal No. CA/C/33/2011 was instituted the 1st and 2nd plaintiffs (now 2nd and 3rd respondents) commenced action in suit No. HCA/18/2008 against chief Edet-Effiong Edet Atre, the clan Head of Amoto usak Edet severally the following reliefs:
(now 3rd Appellant) and joined His Royal Highness Etinyin Dr. Etim Okon Edet, the paramount ruler of Bakassi as 2nd defendant. In the writ of summons, the plaintiffs claimed against the defendants jointly and
"1. A declaration that the AMOTO USAK EDET CLAN if in existence, where the 1st defendant is the clan head is different from AMOTO/EFUT INWANG CLAN in Bakassi LGA.
2. That by the certificate of recongnition of the 1st defendant, he is not the clam head of Amoto/Efut Inwang Clan of Bakassi LGA.
3. An order on the 1st defendant to give account of the monies which he wrongly collected from the Amoto/Efut Inwang Clan from 1…