STATEMENT FROM THE BAR HAS NO FORCE OF LEGAL EVIDENCE

He failed to testify to utilise the opportunity. Rather, it was his Counsel who made bare statement from the Bar. That bare statement from the Bar has no force of legal evidence: ONU OBEKPA v. C.O.P. (1980) 1 NCR 113; NIGER CONST. LTD. v. OKUGBENI (1987) 4 NWLR (pt. 67) 787 at 792.

— E. Eko, JSC. Francis v. FRN (2020) – SC.810/2014

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AN UNDATED DOCUMENT HAS NO EVIDENTIAL VALUE

Exhibit C3 is a letter to the Honorable Minister for Sports by Joe McCormack, Business Development Manager – Lagos of the defendant requesting an appointment with the Honourable Minister for 26th February 2013. It is not dated. An undated document has no evidential value. See Global Soaps & Detergent Ind. Ltd v. NAFDAC [2011] All FWLR (Pt. 599) 1025 at 1047 and Udo & ors v. Essien & ors [2014] LPELR-22684(CA). Accordingly, Exhibit C3 has no evidential value and so would be discountenanced for purposes of this judgment.

— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013

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PRE-INCORPORATION CONTRACT NOT BINDING IS A COMMON LAW RULE

The rule that the company is not bound by a pre-incorporation contract purportedly made by it on its behalf, even if ratified by it after incorporation, is a rule of common law and not a statutory provision.

— Ogundare, JSC. Societe Favouriser v. Societe Generale (1997) – SC.126/1994

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IN LAND CASES THE PLAINTIFF MUST SUCCEED ON ITS OWN CASE

In land cases that the plaintiff when claiming a declaration of title must succeed on the strength of his case. The onus lies on the plaintiff to satisfy the court that he is entitled on the evidence brought by him to the declaration of title claimed. The plaintiff must rely on the strength of his case and not on the weakness of the defendant’s case. If this onus is not discharged, the weakness of the defendant’s case may not generally help him and the proper judgment will be for the defendant. Where, however, the case of the defendant lends support to the case of the plaintiff, it is recognised that the court cannot ignore it in arriving at a conclusion as to which side to believe.

– Iguh, JSC. Clay v. Aina (1997)

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CONSIDERATIONS AGAINST ADDUCING FRESH EVIDENCE AT APPELLATE COURT

Three prominent considerations tending to work against adducing fresh evidence at the appellate Court, when this Court exercises its power under Order 2, Rule 12 of the Rules of this Court in that regard, are –
i. Where issues are joined on pleadings at the trial Court no party shall be taken by surprise. Thus, the Appeal Court cannot consider the reception of new evidence without amendment of the pleadings. See ONIBUDO v. AKIBU (1982) 7 SC. 60; ADELEKE v. ASHERIFA (1990) 3 NWLR (Pt.136) 94 at 111; (1990) 21 NSCC 145 at 154.
ii. It is in the interest of public policy, particularly for the purpose of efficient and effective administration of justice, to obviate prolongation of litigation that the practice of adducing evidence, which ought to have been adduced at the trial Court, should not be postponed to after judgment: See ADELEKE v. ASHERIFA (supra).
iii. Appellate Courts generally exercise their jurisdiction to correct errors of law or fact made by the Courts below, after the latter’s consideration of the totality of evidential materials before them. Accordingly, the correctness of the decision of a trial Court or Judge should not be assessed or judged on the new evidence that the trial Court or judge never had an opportunity to consider: See ADELEKE v. ASHERIFA (supra). In other words the correctness or otherwise of the judgment of the trial Judge or Court should not be assessed on evidential materials he or it never had opportunity to consider.

– Ejembi, JSC. GTB v. Innoson (2017) – SC.694/2014(R)

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SECTION 84 WOULD HAVE AVAILED IF THE AFFIDAVIT HAD BEEN SWORN BEFORE A COMPETENT PERSON

In fact there is no doubt from the endorsement on the motion on notice as regards fees paid, that payment was made for oath taking, but there is no evidence the deponent attested before a commissioner for oath nor evidence of who endorsed on the stamp of the Court of Appeal. It is not sufficient to scribble an initial. Section 84 of the Evidence Act enjoins the court to permit a defective affidavit if satisfied it has been sworn before a person duly authorised. In the instance application the nature of the defect is not one in which this court can exercise discretion and allow same under section 84 of the Act.

— R.O. Nwodo, JCA. Onujabe & Ors. v. Fatimah Idris (CA/A/71/M/2009, 28 June 2011)

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STATEMENT FROM THE BAR HAS NO FORCE OF LEGAL EVIDENCE

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AN UNDATED DOCUMENT HAS NO EVIDENTIAL VALUE

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PRE-INCORPORATION CONTRACT NOT BINDING IS A COMMON LAW RULE

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IN LAND CASES THE PLAINTIFF MUST SUCCEED ON ITS OWN CASE

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CONSIDERATIONS AGAINST ADDUCING FRESH EVIDENCE AT APPELLATE COURT

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SECTION 84 WOULD HAVE AVAILED IF THE AFFIDAVIT HAD BEEN SWORN BEFORE A COMPETENT PERSON

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