<p><strong>THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivered the Leading Judgment):</strong> This is an appeal against the ruling delivered on the 20th June, 2005 by Ikpeme J, sitting at the Ugep Judicial Division of the High Court of Cross River State. The facts of this case are that following the demise of Ofem J., who had previously conducted hearing in Suit No. HUG/48/97 between the parties in this appeal and in respect of the same subject matter, and, due largely to the frailty and old age of the 1st Plaintiff, the 1st Plaintiff then presented an application before, Akon B. Ikpeme J., and before whom the said suit commenced de novo and thereupon prayed the Court for an order that the evidence given in the proceedings in the same suit, being commenced de novo, by the Plaintiff/Applicant as P.W.1 in the earlier stage of the proceeding be taken as the truth of the facts which it states, and be taken as the evidence of the said P.W.1 at the new stage of the proceedings now commenced de novo.</p><p> After consider…</p>