READING TOGETHER TO MAKE A MEMORANDUM

For our part we think that with the passing of the years the courts in England have been developing a much more liberal approach to the connecting link between 2 documents so as to enable, with the aid of parol evidence a memorandum to be spelt out that would satisfy Section 4 of the Statute...

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PURPOSE OF A SIGNATURE ON A DOCUMENT

It is pertinent to note that a signature on a document identifies the document as an act of a particular person and without a signature, the document cannot pass as the act of such unnamed person, and it is therefore totally useless. See N.N.P.C. V. ROVEN SHIPING LTD (2019) 9 NWLR (prt.1676) 67 at 83...

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EXCEPTION TO DOCUMENTARY EVIDENCE BEING TENDERED BY THE MAKER

The general rule as to who can tender documentary evidence is that documentary evidence should be tendered through its maker. This is because the maker of such documents can validly answer the questions put forward with regards to the documents so his attendance may be necessary to facilitate cross-examination. See Section 91 of the Evidence Act 2011. See also the cases of Statoil Nig. Ltd v. Inducon Nig. Ltd [2014] 9 NWLR (Pt 1411) (P. 94, Paras, A-B). It is not however, at all times that documentary evidence must be tendered by the maker, as the person to whom it is made can also produce it in Court. If it can be shown to the Court by the person seeking to tender same that the maker of the document is dead or unfit by reason of his body or mental condition; that the presence of the maker of the document may also be excused if he is overseas or if it is not reasonably practicable to call him to tender the document in view of attendant expense.

— O. Oyewumi, J. Aseidu v Japaul (2019) – NICN/AK/01/2016

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PARTY MUST ENDEAVOUR TO LINK DOCUMENTS TO SPECIFIC PLEADING TO AVOID DUMPING DOCUMENTS

Surprisingly the documents were dumped on the Court without any witness linking them up documents with the specific complaints of non compliance. It is settled law that despite the tendering of exhibits in proof of a Petition/case, the onus of proving the case pleaded and for which the documents were tendered in evidence, lies on...

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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) Was this dictum helpful? Yes 0 No 0...

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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) Was this dictum helpful? Yes 0 No 0...

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READING TWO DOCUMENTS TO GET SUFFICIENT MEMORANDUM

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READING TOGETHER TO MAKE A MEMORANDUM

PURPOSE OF A SIGNATURE ON A DOCUMENT

EXCEPTION TO DOCUMENTARY EVIDENCE BEING TENDERED BY THE MAKER

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PARTY MUST ENDEAVOUR TO LINK DOCUMENTS TO SPECIFIC PLEADING TO AVOID DUMPING DOCUMENTS

DOCUMENTARY EVIDENCE WEIGHS ORAL TESTIMONY

CONTENT OF DOCUMENT BINDING ON PARTIES