JUST QUEST ATTORNEYS

WASSAH & ORS v. KARA & ORS

(2014) LPELR-24212(SC)

Issue
EVIDENCE - DOCUMENTARY EVIDENCE - Procedure for admitting documents in evidence and the effect of admission or rejection of a document
"The well laid down procedure for admitting documents in evidence is for the trial judge to hear arguments for and against the admissibility of the document, then render a Ruling. If the ruling is favourable to the document being admitted in evidence the document is admitted in evidence and marked as an exhibit. If on the other hand the Ruling is unfavourable the document is marked rejected. A document marked as an exhibit is good evidence that the judge is expected to rely on when preparing his judgment. A document tendered and marked rejected cannot be tendered again. Once a document is marked rejected it stays rejected for the purposes of the trial in which it was marked rejected and the defect cannot be cured during the said trial. See Agbaje v. Adigun & Ors (1993) 1 NWLR (Pt. 269) p. 271." Per OLABODE RHODES-VIVOUR, JSC (Pp 24 - 24 Paras A - D)