This is an interlocutory appeal from the ruling of the Okigwe High court delivered on 30th of March, 1987. In the said ruling he lower court rejected the admissibility of a photocopy of a certified true copy of the proceedings of Uturu Native court suit No 11/52 tendered by the appellants who are plaintiffs in the lower court.

The appellants who are plaintiffs in the lower court commenced proceedings by way of originating summons against the respondents who are the defendants in 1983.

In an earlier Suit No HO/19/72 between the parties the Okigwe High court while awarding title of the land in dispute to the respondents gave possession of he said land to the appellants on condition that the appellants continue to pay customary tribute as tenants to the respondents. But the High court in its judgment in that suit did not state the form and contents of the customary tributes. The tributes of the present action is for the court to determine the form and contents of the customary tribute.

The lower court in the present case ordered pleadings which were duly filed and exchanged. In the course of hearing which commenced on 14th October, 1986 the appellants sought to tender proceedings of the Uturu Native court in Suit No 11/52 through the P.W 2 The copy of the proceedings sought to be tendered was a photocopy of the certified true copy of the proceedings. Respondents counsel raised an objection to its admissibility. The learned trial Judge in his ruling sustained the objection on the ground that the photocopy of the certified true copy of the proceedings was not itself certified; that the photocopy must be certified to be admissible in evidence.

He appealed to the court of appeal.