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AN UNDATED DOCUMENT HAS NO EVIDENTIAL VALUE

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Dictum

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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The law is trite that where there are material contradictions in the evidence adduced by a party, the court is enjoined to reject the entire evidence as it cannot pick and choose which of the conflicting versions to believe or follow. See Mogaji v. Cadbury (1985) 2 NWLR (Pt. 7) 393, Okezie Victor Ikpeazu v....

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It is elementary law that parties are bound by their pleadings and facts not pleaded will go to no issue. In other words, evidence on facts not pleaded will not avail the party relying on the evidence. – Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003) Was this dictum helpful? Yes 1 No 0...

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JUDGE MUST EVALUATE THE EVIDENCE

The justice of a case and statutory requirements will not be met if the trial Court considers only one side of a case. Adequate consideration must be given to both sides. In discharging this duty, the Judge must evaluate all the evidence. It is not the justice of a case if the Judge, without evaluating...

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