Documentary Evidence (136)
HELD:
"The learned Senior Counsel faulted the E-mails being computer generated evidence and also faulted the decision of the trial Court admitting same on the grounds that the prosecution failed to satisfy the requirement of Section 84 of the Evidence Act, 2011.
HELD:
"Learned counsel for the Appellant submitted that the lower Court neglected/omitted to consider and evaluate the Deed of Conveyance dated 16th July, 1956, admitted as Exhibit C4B and relied on as proof of title by the Appellant.
HELD:
"During trial at the lower Court, the Respondent sought to tender Exhibit P2, the record of proceeding in MID/16M/2010 between the Commissioner of Police V Durojaye Segun Robinson and the trial Court admitted same amidst an objection by the Appellant.
HELD:
"Appellants had argued that what Fred Ogabanya said then (in O/20/58) would apply in the later Suit (this case) as admission against interest.
HELD:
"The meaning to be placed on a contract is that which is the plain, clear and obvious result of the terms used. When construing documents in dispute between two parties, the proper course is to discover the intention or contemplation of the parties and not to import into the contract ideas not patent on the face of the document.
HELD:
"Similarly, in NZEKWU v. NZEKWU (1989) 2 NWLR (pt. 104) 373 this court held that a judgment of a court being a public document within the meaning of that expression of Section 108 of the Evidence Act and because of the combined effect of Section 96(1) (e) and (2) (c) of the Evidence Act 1958
HELD:
"It is settled law that the contents of a document may be proved by either the primary or secondary evidence - see Section 93 of the Evidence Act 1990.
HELD:
"Section 96 of the Evidence Act, 1990 provides that documents must be proved by primary evidence except in certain circumstance which are provided for in section 97 of the said Act.
HELD:
"By the combined reading of Sections 192 and 193 of the Evidence Act now Sections 218 and 219A of the Evidence Act 2011, any person whether a party or not in a cause may be summoned to produce a document without being summoned to give evidence and if he caused such document to be produced in Court, the Court may dispense with personal attendance.
HELD:
"...As regards the other wards, viz; Arikiya, Akurba, Adogi, Keffi and Shabu Kwandare, no polling unit agent was called to testify, identify and link the documents relating thereto to the relevant aspects of the petition.