(2003) JELR 44817 (CA)    

Court of Appeal  ·  CA/C/3/2001 ·  14 Jul 2003 ·  Nigeria
Other Citations
Okomo v. Umoetuk [2004] 10 NWLR (Pt.882)526
OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria
Core Terms Beta
village head
learned trial judge
esit urua
esit urua village
ndon idung adiakot
status quo
serious issue
interlocutory injunction
1st respondent
village council chairman
quo ante bellum
village of esit urua
whole case
balance of convenience
local government area
nung adiakot family
ruling of the learned trial judge
separate village
appellants brief of argument
existent ndon idung adiakot village
family unit
high court of akwa ibom state
legal basis
police arrest
trial court
village council
1st appellants
appellants counsel
briefs of argument
circumstance of this case
following cases
grant of an application
learned trial court
learned trial judge okon
member of ndong idung adiakot village
non-existent ndom idung adiakot village
order of interlocutory injunction
pan of esit urua village
perpetual injunction
respondents exhibit c
rights of the ndong idung adiakot village
said affidavit
substantive issues
various acts of the appellants
village community

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:


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