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EVIDENCE GIVEN IN ANOTHER CASE, HOW MAY BE USED IN PRESENT CASE

Dictum

Evidence given by a witness in another case may be used to impeach his credit if, in the later case, he says something different; but what he said in the earlier case does not become evidence in the later case. And a judgment given in another case can, in appropriate cases, be put in a later suit, to prevent the re-opening of the same question. One hopes that the indiscriminate introduction of other proceedings into a trial will be discontinued.

— Bairamian, F.J. Owonyin v. Omotosho (1961) – F.S.C.249/1960

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THE COURT HAS A DUTY TO ACT ON UNCHALLENGED AND UNCONTROVERTED EVIDENCE

It is settled that the Court has a duty to act on unchallenged and uncontroverted evidence. See: BRONWEN ENERGY TRADING CO.LTD v OAN OVERSEAS AGENCY (NIG) LTD (2022) LPELR-57307(SC) at page 31, paras. B-C; and OGUNYADE v OSHUNKEYE & ANOR (2007) LPELR-2355(SC) at pages 22 – 23, paras. B F.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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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)

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AN UNDATED DOCUMENT HAS NO EVIDENTIAL VALUE

Exhibit C3 is a letter to the Honorable Minister for Sports by Joe McCormack, Business Development Manager – Lagos of the defendant requesting an appointment with the Honourable Minister for 26th February 2013. It is not dated. An undated document has no evidential value. See Global Soaps & Detergent Ind. Ltd v. NAFDAC [2011] All FWLR (Pt. 599) 1025 at 1047 and Udo & ors v. Essien & ors [2014] LPELR-22684(CA). Accordingly, Exhibit C3 has no evidential value and so would be discountenanced for purposes of this judgment.

— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013

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EVIDENCE ON MATTER NOT PLEADED

It is settled that evidence led on any matter not pleaded goes to no issue and ought to be disregarded when giving judgment. – Kutigi JSC. Amadi v. Nwosu (1992)

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WHERE EVIDENCE NOT CHALLENGED ONUS IS DISCHARGED

Ajero & Anor. v. Ugorji & Ors (1999) LPELR – 295 (SC), where Onu JSC., had stated inter alia thus: “Indeed, the Court has by a host of decided cases stated that where evidence called by a Plaintiff in a civil case is neither challenged nor contradicted, the onus or proof on him is discharged on a minimum of proof.”

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COURT SHOULD NOT ACT ON INADMISSIBLE EVIDENCE WHERE ADMITTED

In the case of Olukade v Alade (1976) 2 SC 183, this Court summarised the general rule on the effect of the admission of inadmissible evidence:- “A court is expected in all proceedings before it to admit and act only on evidence which is admissible in law (i.e. under the Evidence Act or any other law or enactment relevant in any particular case or matter) and so if the court should inadvertently admit inadmissible evidence it has the duty not to act upon it.”

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