REASONS FOR REJECTION OF HEARSAY EVIDENCE

From all the authorities, the salient reasons which appear for the rejection of hearsay evidence include the following: a) That the maker or originator of the statement was not under oath when he made it. b) That there is no opportunity for the cross examination of the maker; c) The likelihood of depreciation of the...

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HEARSAY EVIDENCE IS TO HELP COURT AS TO WHAT ANOTHER SAID, BUT NOT ESTABLISH THE TRUTH

One of the remnants of the appellants grouses is against the evidence proffered by PW1. They branded it as inadmissible hearsay. In our adjectival law, a witness is expected to testify on oath, or affirmation, on what he knows personally. Where a witness gives evidence on what another person told him about events, then it...

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WHEN OBJECT OF EVIDENCE IS TO PROVE TRUTH OF STATEMENT MADE BY ANOTHER, IS HEARSAY

Subramaniam v. Public Prosecution (1956) 1 WLR 965 at 969, it was held that: “Evidence of a statement made to a witness by a person who is not himself called as a witness may or may not be hearsay. It is hearsay and inadmissible when the object of the evidence is to prove the truth of the facts asserted by the statement. It is not hearsay and is admissible when it is proposed to establish by evidence not the truth by the statement but the fact that it was made'”

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MEANING OF HEARSAY

By the hearsay rule, an assertion other than one made by a person while giving oral evidence in Court is inadmissible as evidence of the facts asserted. In very simple terms, hearsay evidence is any statement made out of Court but offered in Court to prove the truth of the facts asserted in Court. It...

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HEARSAY RULE EXCEPTED IN TESTIMONY GIVEN BY ANY COMPANY EMPLOYEE

In Ishola v. Societe Generale Bank Ltd. (1997) 2 NWLR (Pt. 488) 405, the apex Court held: it cannot be over emphasized that a company being a legal person or a juristic person can only act through its agents or servants and any agent or servant of a company can therefore give evidence to establish...

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WHEN IS A TESTIMONY HEARSAY

In the case of Subramaniam vs Public Prosecutor, (1956) 1 WLR 965 at 969, hearsay evidence was described in the following terms: “Evidence of a statement made to a witness called as a witness may or may not be hearsay. It is hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement. It is not hearsay and is admissible when it is proposed to establish by the evidence, not the truth of the statement but the fact that it was made”.

HEARSAY EVIDENCE WHEN WITNESS IS NOT THE MAKER

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REASONS FOR REJECTION OF HEARSAY EVIDENCE

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HEARSAY EVIDENCE IS TO HELP COURT AS TO WHAT ANOTHER SAID, BUT NOT ESTABLISH THE TRUTH

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WHEN OBJECT OF EVIDENCE IS TO PROVE TRUTH OF STATEMENT MADE BY ANOTHER, IS HEARSAY

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MEANING OF HEARSAY

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HEARSAY RULE EXCEPTED IN TESTIMONY GIVEN BY ANY COMPANY EMPLOYEE

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WHEN IS A TESTIMONY HEARSAY

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