APPEAL COURT CAN EVALUATE DOCUMENTARY EVIDENCE

Very much aware of the findings of facts by the two lower courts in this matter, I must state, all the same, that where the evidence to be evaluated is mainly documentary as here, this court is as in good a vintage position as the trial court. – Chukwuma-Eneh JSC. Yaro v. Arewa CL (2007)

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DOCUMENTARY EVIDENCE WEIGHS ORAL TESTIMONY

The Documentary evidence lends weight to oral testimony. It serves as an action from which oral testimony is weighed for good measure. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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TENDERING OF ORIGINAL DOCUMENT

By the combined effect of Sections 86, 87, 88, 89, 90, 102 and 103 of the Evidence Act, 2011, documents (Public or Private) may be produced in Court by tendering either the original of the document itself or the copy thereof known as secondary evidence: but a party relying on secondary evidence of a public document must produce the certified true copy and no other copy thereof is admissible.

— C.B. Ogunbiyi, JSC. Kassim v. State (2017) – SC.361/2015

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ORAL EVIDENCE IS TESTED BY DOCUMENTARY EVIDENCE

Documentary evidence always serves as a hanger from which to assess oral testimony.

– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004

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READING TWO DOCUMENTS TOGETHER

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.

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ORAL EVIDENCE CANNOT CONTRADICT DOCUMENTARY EVIDENCE

Can this evidence pass for its content of oral agreement of a yearly tenancy to vitiate the termination of the lease in 1980? Can the bare ipse dixit of a witness of the existence of oral evidence turn around in his favour in the face of clear documentary evidence to the contrary? I have a few more questions to ask but I can stop here.

– Tobi JSC. Odutola v. Papersack (2007)

OBJECTION TO SPECIFIED DOCUMENT

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APPEAL COURT CAN EVALUATE DOCUMENTARY EVIDENCE

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DOCUMENTARY EVIDENCE WEIGHS ORAL TESTIMONY

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TENDERING OF ORIGINAL DOCUMENT

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ORAL EVIDENCE IS TESTED BY DOCUMENTARY EVIDENCE

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READING TWO DOCUMENTS TOGETHER

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ORAL EVIDENCE CANNOT CONTRADICT DOCUMENTARY EVIDENCE

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