NOT FUNCTION OF THE COURT TO SUPPLY OMISSION

The main thrust of the appeal appears to be that if the original of the public document is lost or destroyed thereby rendering the making of a certified copy impracticable, it would be unjust not to admit other form of secondary evidence such as a photocopy of the original document. I share the plight of the appellant but it must be borne in mind that the duty of the court is to expound the law and not to expand it. It is not the function of the court to supply omissions in statutes and thereby embark on judicial legislation.

– Edozie, JSC. Araka v. Egbue (2003) – SC.167/1999

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WHERE EVIDENCE IS CONTRADICTING, ALL SHOULD BE REJECTED

It is well settled that where prosecution witnesses have given conflicting conversions of material facts in issue that the trial Judge before whom such evidence as led must make specific findings on the point and in so doing must give reasons rejecting one version and accepting the other. Unless this is done it will be very unsafe for the court to rely on any of the incidence before it. The proper course in the circumstance is to reject both versions of the evidence as unreliable and unsafe for the purpose of determining the material issue before the court. See: Onubogu v. The State (1974) 9 S.C. 1; Albert Ikem v. The State (1985) WLR (Pt. 2) 378.

— Opene JCA. JIMOH ABDULLAHI & Ors. v THE STATE (1995) – CA/K/180/C/94

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ANY AGENT OF THE COMPANY CAN GIVE EVIDENCE FOR THE COMPANY

Saleh v. B.O.N. Ltd (2006) NWLR (Pt. 976) 316 at 326-327 thus: “A company is a juristic person and can only act through its agents or servants. Consequently, any agent or servant can give evidence to establish any transaction entered into by a juristic personality. Even where the official giving the evidence is not the one who actually took part in the transaction on behalf of the company. Such evidence is nonetheless relevant and admissible and will not be discountenanced or rejected as hearsay evidence…”

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CLAIMANT MUST RELY ON THE STRENGTH OF HIS OWN CASE AND SUPPORT FROM EVIDENCE OF DEFENDANT

I bear in mind the well-established principle of law that in every civil action in which a declaration is sought from the Court, a claimant who seeks the declaratory relief must succeed on the strength of his own case as made out creditably in the evidence put forward by him in support of his case and not to merely rely on the weakness or even absence of the Defendant’s case. However, where the evidence of the Defendant supports the case of the claimant, he is perfectly entitled to rely on such evidence. See Nsirim v Nsirim (2002) FWLR (pt. 96) 433 @ p. 441.

— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014

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EVIDENCE NOT CHALLENGED OR CONTRADICTED MUST BE ACCEPTED AS THE CORRECT VERSION

Saipem SPA vs. India Tefa (2001) FWLR (pt 74) 377 @p. 394, where this Court had held firmly inter alia, “When evidence of a witness has not been challenged, contradicted or shaken under cross-examination and such evidence is not inadmissible in law, provided the evidence is in line with the facts so pleaded, the evidence must be accepted as the correct version of what was expected to be proved. The Court is not only entitled to but also has no reason not to accept it.”

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EXTRINSIC EVIDENCE CANNOT VARY A WRITTEN CONTRACT

The general rule is that where the parties have embodied the terms of their contract in a written document, extrinsic evidence is not admissible to add to, vary, subtract from or contradict the terms of the written instrument.

– Adio, JSC. UBN v. Ozigi (1994)

WHEN IS A PIECE OF EVIDENCE CREDIBLE

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NOT FUNCTION OF THE COURT TO SUPPLY OMISSION

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WHERE EVIDENCE IS CONTRADICTING, ALL SHOULD BE REJECTED

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ANY AGENT OF THE COMPANY CAN GIVE EVIDENCE FOR THE COMPANY

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CLAIMANT MUST RELY ON THE STRENGTH OF HIS OWN CASE AND SUPPORT FROM EVIDENCE OF DEFENDANT

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EVIDENCE NOT CHALLENGED OR CONTRADICTED MUST BE ACCEPTED AS THE CORRECT VERSION

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EXTRINSIC EVIDENCE CANNOT VARY A WRITTEN CONTRACT

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