OKWUCHUKWU OPENE, J.C.A. (Delivering the Leading Judgment): The plaintiffs who are now the respondents on 11th April, 1999, brought an action against the appellants as the respondents in the High Court of Akwa Ibom State, claiming as follows:
"1. A declaration that Ndon Idung Adiakot is a family unit in the village of Esit Urua in Eket Local Government Area of Akwa Ibom State and not a village recognized in law.
2. A declaration that the 1st respondent is not a village head and the 2nd and 3rd defendants are not the Chairman and Secretary respectively of any village council.
3. A perpetual injunction restraining the defendants from parading themselves, acting in any manner howsoever, giving directives or orders as the village head, village council chairman and secretary respectively of a non existent Ndon Idung Adiakot village in Eket Local Government Area."
As a result of this the respondents on the 17th of April, 1999, filed a motion on notice praying the court for an order: