LAW GOVERNING ADMISSIBILITY OF DOCUMENTARY EVIDENCE

CASE TITLE:  HON. COMMISSIONER, MINISTRY OF LANDS & SURVEY, MAKURDI & ANOR v. ABA & ANOR (2021) LPELR-55805(CA)

JUDGMENT DATE: 4TH OCTOBER, 2021

PRACTICE AREA: LAW OF EVIDENCE

LEAD JUDGMENT: CORDELIA IFEOMA JOMBO-OFO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the admissibility of evidence.

FACTS

This appeal emanated from the ruling of the Benue State High Court, Makurdi, which was handed down by Justice J. M. Ijohor, J.

On 25th April, 2013, the matter came up at the trial Court, for continuation of hearing. The appellants sought to tender in evidence, three files numbered as BND 10482, BND 1043 and BND 1425, which files were duly pleaded. The 1st respondent objected to the admissibility of the files, claiming that some pages were not included in the copies served on him.

The trial Court upheld the objection, rejecting the admission of the affected pages in evidence. Dissatisfied, appellants appealed to the Court of Appeal.

ISSUES FOR DETERMINATION

The appellants formulated a sole issue for determination as follows:

“Whether the trial Court was right when it rejected some pages of the files numbered BNB 1425 and BNB 1043 in evidence?”

DECISION/HELD

In conclusion, the Court of Appeal allowed the appeal.

RATIOS:

• EVIDENCE – ADMISSIBILITY OF EVIDENCE: The legal basis governing the admissibility of evidence
• EVIDENCE – ADMISSIBILITY OF EVIDENCE: Whether a document/evidence sought to be admitted in evidence can be admitted piecemeal/in part(s)
• EVIDENCE – ADMISSIBILITY OF EVIDENCE: What determines the issue of admissibility of evidence