THOMAS JCA, (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of Edet J. of the Calabar Judicial Division of the High Court of Cross River State, delivered on 13/3/2001, in which the trial Judge rejected in evidence a letter dated 24/12/1999 titled “Save our Soul”, which is the bone of contention in the libel suit before the court.
In the court below, the appellant who was the plaintiff sued the respondents as defendants for libel claiming damages for publication of the libel in a letter titled “Save our Soul”. Pleadings were settled and oral evidence commenced on 13th March, 2001. PW1 Elder (Chief) Ekpenyong Akiba Ekpenyong being the secretary of Okoyong Council of Traditional Rulers and Chiefs to whom the said libelous letter was addressed was subpoened by the trial court to bring the said libelous letter and testify. While he was testifying in obedience to the subpoena of the court, the letter sent to him was sought to be tendered by the appellant…