ORAL EVIDENCE CANNOT CONTRADICT DOCUMENTARY EVIDENCE

Can this evidence pass for its content of oral agreement of a yearly tenancy to vitiate the termination of the lease in 1980? Can the bare ipse dixit of a witness of the existence of oral evidence turn around in his favour in the face of clear documentary evidence to the contrary? I have a few more questions to ask but I can stop here.

– Tobi JSC. Odutola v. Papersack (2007)

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DOCUMENTARY EVIDENCE WEIGHS ORAL TESTIMONY

The Documentary evidence lends weight to oral testimony. It serves as an action from which oral testimony is weighed for good measure. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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OBJECTION TO SPECIFIED DOCUMENT

An objection to one specified document cannot be taken as an objection to another document bearing a totally different date. – Obaseki, JSC. Obiora v. Osele (1989) – SC.70/1987

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WHETHER AN UNSTAMPED DOCUMENT IS ADMISSIBLE

In ETOKHANA v. NDIC & ANOR. (2016) LPELR-CA/K/212/2013, “In addition to this, the law is that a document cannot be rejected on the ground that it was not stamped, for, as held in the case of Prince Will Eyo Asuquo & Ors. V. Mrs. Grace Godfrey Eyo & Anor. (2013) LPELR-20199 (CA) per Tur, JCA, ‘the purpose of the requirement of stamping is to ensure that Government does not lose revenue thereby’. Lack of stamping, His Lordship held, does not render the document inadmissible.” Per ADEFOPE-OKOJIE, J.C.A. (P. 41, Paras. A-C)

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CONTENT OF DOCUMENT BINDING ON PARTIES

It is an established principle of law, that the contents of a document are binding on the party who being of full capacity appends his signature to it. He cannot thereafter resile from it or choose an alternative course. – Augie JSC. Bank v. TEE (2003)

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TENDERING OF ORIGINAL DOCUMENT

By the combined effect of Sections 86, 87, 88, 89, 90, 102 and 103 of the Evidence Act, 2011, documents (Public or Private) may be produced in Court by tendering either the original of the document itself or the copy thereof known as secondary evidence: but a party relying on secondary evidence of a public document must produce the certified true copy and no other copy thereof is admissible.

— C.B. Ogunbiyi, JSC. Kassim v. State (2017) – SC.361/2015

FACTS SHOULD NOT BE IMPORTED TO A DOCUMENT

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ORAL EVIDENCE CANNOT CONTRADICT DOCUMENTARY EVIDENCE

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DOCUMENTARY EVIDENCE WEIGHS ORAL TESTIMONY

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OBJECTION TO SPECIFIED DOCUMENT

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WHETHER AN UNSTAMPED DOCUMENT IS ADMISSIBLE

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CONTENT OF DOCUMENT BINDING ON PARTIES

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TENDERING OF ORIGINAL DOCUMENT

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