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WHETHER AN UNSTAMPED DOCUMENT IS ADMISSIBLE

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Dictum

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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FAIR HEARING NOT BREACHED WHEN A DOCUMENT IS EXPUNGED BY TRIAL JUDGE

I have seen in recent times counsel forcing into cases the principles of fair hearing even when they are so distant from the case. The principles of fair hearing will not be invoked in favour of a party where the trial Judge correctly expunges an exhibit earlier admitted. It is only when the document is wrongly or wrongfully expunged from the record that a party can be heard to canvass to an appellate court that he was denied fair hearing. – Niki Tobi, JSC. Brossette v. Ilemobola (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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EXTRINSIC EVIDENCE NOT TO CONTRADICT WRITTEN INSTRUMENT

Generally, where parties to an agreement have set out the terms thereof in a written document, extrinsic evidence is not admissible to add to, vary from, or contradict the terms of the written instrument.

– Augie JSC. Bank v. TEE (2003)

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DISCREPANCIES IN NAMES OR DOCUMENTS WITHOUT MORE ARE MERE TRIFLES

Now, here is a man dragging another person to Court over what at best are mere discrepancies in names when he himself is a victim of some discrepancies in his name on Exhibit P2 without any legal consequences whatsoever. Was he also guilty of forgery by the differences in the spelling of his surname in Exhibits P1 and P2 as admitted by him and confirmed by the Court below? Perhaps not. In my finding, these are things which are bound to occur from time to time in human affairs and so long as no criminal intention is imputed and attributed or attributable to them they remain mere trifles tolerated by the society as mere discrepancies. It amounts to no crime of forgery and or false statement at all merely on account of such mere discrepancies. These are mere discrepancies that should not ipso facto without more invoke and ignite grave allegations capable of disqualifying a candidate in law from aspiring to ‘serve his people’. Curiously though as an aside now and no more considering issue three having concluded my consideration of issue three, as I was reading the appellate briefs of counsel, I came across the name of the learned counsel for the 1st Respondent written and signed as ‘J. I. Odibeli Esq,’ then I saw his NBA Seal in the name of ‘Ibezimako Joseph Odibeli, which translates to ‘I. J. Odibelei’ and not ‘J.I. Odibeli.’

– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021

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WEIGHT CANNOT BE PLACED ON A DOCUMENT TENDERED BY A PERSON WHO IS NOT IN A POSITION TO ANSWER QUESTIONS ON THE DOCUMENT

Weight can hardly be attached to a document tendered in evidence by a witness who cannot be in a position to answer questions on the document. One such person the law identifies is the one who did not make the document. Such a person is adjudged in the eyes of the law as ignorant of the contents of the document. Although section 91(2) allows him to tender the document, the subsection does not deal with the issue of weight, which is dealt with in section 92. Weight in section 92 means weight of evidence, which is the balance or preponderance of evidence; the inclination of the greater amount of credible evidence offered in a trial to support one side of the issue rather than the other. (See Black’s Law Dictionary (6ed) page 1594). In view of the fact that cross-examination plays a vital role in the determination of the weight to be attached to a document under section 92, and a person who did not make the document is not in a position to answer questions on it. I see the point made by the Court of Appeal.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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