ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The Respondents were the plaintiffs in Suit No. HU/228/2000 at the Uyo Judicial Division of the High Court of Akwa Ibom State. They filed a motion exparte on 29/6/2000 for leave to issue their writ of summons for the following reliefs against the Appellant as defendant:
"1. A declaration that the plaintiffs are not indebted to the defendant as far as the mortgage transaction involving plaintiffs' late father's landed property situate at No. LT Okon Essien Lane, Uyo is concerned.
2. A declaration that the defendant having commenced suit No. C/100/84 against the plaintiffs' late father, Eyo I. I. Akpan at Calabar High Court concerning the mortgage sum in which plaintiffs' landed property situate at No. 17 Okon Essien Lane, Uyo was used as security for a loan and the plaintiffs' late father having admitted the sum of N51, 580.86 in the suit as debt due and owed to the defendant and of which the plaintiffs paid the said judgm…