LEGAL PRINCIPLE: CIVIL PROCEDURE – Evidence – Rejected Documents – Marking as Tendered and Rejected
PRINCIPLE STATEMENT
Once a document is tendered during proceedings and declared inadmissible by the trial Judge it should be marked 'Tendered and Rejected'. The rejected document must be kept by the court or tribunal which hears the case for the statutory period and later the document shall be sent to the appellate court where there is an appeal. It is wrong to declare a document inadmissible and to decline to mark it 'Tendered and Rejected'.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Babatola v. Aladejana (2001) NLC-801996(SC) at pp. 4–5; Paras E–A.
"Once a document is tendered during proceedings and declared inadmissible by the trial Judge it should be marked 'Tendered and Rejected'. The rejected document must be kept by the court or tribunal which hears the case for the statutory period and later the document shall be sent to the appellate court where there is an appeal. It is wrong to declare a document inadmissible and to decline to mark it 'Tendered and Rejected'."
EXPLANATION / SCOPE
A document tendered and declared inadmissible must be marked “Tendered and Rejected.” The court cannot simply declare it inadmissible without marking. The rejected document must be kept by the court for the statutory period and sent to the appellate court if there is an appeal. The marking preserves the record for appellate review. The appellate court needs to see the rejected document to determine whether the trial court erred. Failure to mark and keep the document is wrong and impedes appellate review. The requirement is mandatory, not directory. The practice ensures transparency and facilitates correction of errors. The rule applies to all courts and tribunals.
