APPEAL COURT CAN EVALUATE DOCUMENTARY EVIDENCE

Very much aware of the findings of facts by the two lower courts in this matter, I must state, all the same, that where the evidence to be evaluated is mainly documentary as here, this court is as in good a vintage position as the trial court. – Chukwuma-Eneh JSC. Yaro v. Arewa CL (2007)

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READING TWO DOCUMENTS TOGETHER

In Burgess v. Cox (1951) Ch. 383 Harman, J., (as he then was), found that he could read two documents together to remedy the deficiency of the defendant’s signature lacking in the first document relied on as being a memorandum when it was obvious that if the two documents were placed side by side, they referred to the same transaction.

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ORAL EVIDENCE IS TESTED BY DOCUMENTARY EVIDENCE

Documentary evidence always serves as a hanger from which to assess oral testimony.

– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004

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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)

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ONLY DOCUMENTARY EVIDENCE CAN CONTRADICT DOCUMENTARY EVIDENCE

However the conflict is not strong to hold his evidence is of no value when the documentary evidence speaks for itself. It is trite the best evidence to challenge documentary evidence is same Documentary evidence. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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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 and TSALIBAWA V. HABIBA (1991)2 NWLR (prt 174) 461.

— M.L. Shuaibu, JCA. FBN v Benlion (2021) – CA/C/31/2016

OBJECTION TO SPECIFIED DOCUMENT

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APPEAL COURT CAN EVALUATE DOCUMENTARY EVIDENCE

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READING TWO DOCUMENTS TOGETHER

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ORAL EVIDENCE IS TESTED BY DOCUMENTARY EVIDENCE

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CONTENT OF DOCUMENT BINDING ON PARTIES

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ONLY DOCUMENTARY EVIDENCE CAN CONTRADICT DOCUMENTARY EVIDENCE

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PURPOSE OF A SIGNATURE ON A DOCUMENT

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