In the construction of the contents of a document a court is bound to look at the words used therein and not import facts not stated in the document except where reference is made to another document. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)
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It is trite that a document speaks for itself. – Onnoghen JCA. Union Bank v. Akinrinmade (1999)
Long v. Millar (1879) 4 CPD 450, said Russel, J., in Stokes v. Whicher (1920) 1 Ch 411, 418, comes to this; that, if you can spell out of the document a reference in it to some other transaction, you are at liberty to give evidence as to what that other transaction is, and, if that other transaction contains all the terms in writing, then you get a sufficient memorandum within the statute by reading the two together.’
Generally, where parties to an agreement have set out the terms thereof in a written document, extrinsic evidence is not admissible to add to, vary from, or contradict the terms of the written instrument.
– Augie JSC. Bank v. TEE (2003)
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.
By Section 83(3) of the Evidence Act 2011, documents are inadmissible in Court where the maker is an interested person and had made the documents when the proceedings are pending or anticipated.
– Yahaya, JCA. Petroleum Resources v. SPDC (2021)
Goodwill & Trust Investment Ltd & Anor. vs. Witt & Bush Ltd (2011) 8 NWLR Part 1250 page 500 at 533, where Onnoghen, J.S.C. at page 533 stated thus: “it is settled law that contents of a document can be proved in a proceeding by tendering the original documents or where the original is unavailable by a certified true copy of the said original as secondary evidence of the contents of the said original.”
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