NTOE ANDREW & ORS. V. THE CONGREGATIONAL BOARD, ISHIE PRESBYTERIAN CHURCH & ORS.

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the High Court of Cross River State, sitting at Akpabuyo, contained in a ruling delivered on the 18/10/2011 in the suit of the Appellants No. HC/15/2011. The Appellants had tendered some documents through a witness from the National Archives, Enugu during the trial of the suit and the High Court had rejected the documents in evidence on the ground that they were not pleaded or on pleaded facts of the Appellants pleadings.

Being aggrieved by the rejection of the documents, the learned counsel for the Appellants had filed the notice of appeal against the ruling on the 31/10/2011 wherein three (3) grounds of dissatisfaction were set out.

In the Appellants' brief filed on the 9/3/2012, the learned counsel for the Appellants, Chief Orok Ironbar had respectfully posited a single issue for determination in the appeal as follows:-

"Whether the trial court understood the case…