HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Hon. Justice F.A Edem sitting at the High Court of Ebonyi State, delivered on 20/3/17 wherein the learned trial judge in a considered ruling held that the Appellant cannot cross examine the 2nd Respondent on a sworn statement that was already struck out by the Court.
The facts that led to this appeal are as follows:
The Respondents were the Plaintiffs who initiated this action against the 1st and 2nd Defendants herein the 1st and 2nd Appellants by a writ of summons on 18th March, 2015 claiming against them declaration of title over land, injunctions and damages.
Parties filed their respective originating processes. The Respondents filed along with their claim, written statements on oath of their four witnesses; the 1st and 2nd Appellants joined issues with them and filed their statement of defence and the sworn written statements on oath of their witnesses.