STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

ANY AGENT OF THE COMPANY CAN GIVE EVIDENCE FOR THE COMPANY

Reach more audience. Place advert here.

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…”

Was this dictum helpful?

SHARE ON

evidence

WHEN TESTIMONY OF WITNESS IS EXAGGERATED

To my mind, when the testimony of a witness has reached or attained the height of insipid or impotent exaggerations it should be disregarded as mere petulance and treated with ignominy. – Pats-Acholonu, JSC. C & C Constr. v. Okhai (2003) – SC.8/1999 Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

EVIDENCE IN EARLIER PROCEEDING NOT RELEVANT IN LATER TRIAL

Now it is settled law that the evidence of a witness taken in an earlier proceeding is not relevant in a later trial. except for the purpose of discrediting such a witness in cross-examination and for that purpose only. – Kawu, JSC. Ogunnaike v. Ojayemi (1987) Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

NOT CHALLENGING REJECTION OF EVIDENCE

Akpasubi v. Umweni (1982) All N.L.R. 306 at 308 where the Supreme Court held that “It is elementary I think that once a trial court rejected the evidence of a witness and the Judge’s decision in regard thereto has not been challenged on appeal that is the end of that evidence for ever”. Was this...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

THE COURTS LEAN AGAINST CALLING FRESH EVIDENCE ON APPEAL

Before concluding on the said prayer 7 it is helpful to call to mind the observations of Oputa JSC in Obasi v. Onwuka (1987) 3 NWLR (Pt. 61 ) 364, 372 in an application to call additional evidence on appeal: “To talk therefore of assessing the rightness or wrongness of the trial court’s verdict today...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

EVALUATION OF EVIDENCE ENTAILS

In the case of Lafia Local Government –V- Executive Governor Nasarawa State & Ors (2012) LPELR – 2060, OLABODE RHODES VIVOUR, JSC at page 23 paras, E-F said: “Evaluation of evidence entails the trial judge examining all evidence before him before making his findings. This is done by putting all the evidence on an imaginary...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

DOCUMENTS ATTACHED TO A CHARGE NOT TENDERED AND ADMITTED ARE NOT EVIDENCE

Eze v. State (2026): ‘From the above excerpts, if the alleged Police Report were tendered in evidence it would not have been unfavourable to the prosecution. Therefore, section 167(d) of the Evidence Act, 2011 is inapplicable to this case. I must quickly point out that documents or statements accompanying a charge or an information filed in court, if not tendered and admitted in evidence at the trial, does not constitute evidence which the court can rely on.’

Was this dictum helpful?

No more related dictum to show.