THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the leading Judgment): In this appeal against the Ruling of High Court of Akwa Ibom State, sitting at Etinan and presided over by Umoekoyo E. Essang J., delivered on 20/6/2005 in a Motion on Notice No. HET/MISC. 34/2003, the Appellants in their Brief of Argument filed on 23/1/07 but deemed as properly filed on 15/5/07 had distilled three issues for determination of this Court. They are:
"1. Whether the Court below was right in holding that "photograph" which comes under the definition of "Document" in section 2(1) of the Evidence Act does not include a video cassette or tape?
2. Whether the court below was right in declining exhibit "B" being played in proof or disproof of conflicting affidavit evidence when same was very relevant to the issues of fact before it?
3. Whether the court below was right in failing to look at an exhibit before it duly exhibited to the supporting affidavit and properly filed and served on the parties?"
The 1st…