LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Admitted Exhibits — Court May Examine Admitted Documents Despite Party’s Complaint
PRINCIPLE STATEMENT
Once a document is properly admitted in evidence without objection, the court may examine it and draw conclusions from it, even if the party who tendered it later complains about its contents.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Psychiatric Hospitals Management Board v. Edosa (2001) NLC-1631995(SC) at p. 11; Paras A–D.
"Exhibit M and K were put in and tendered in evidence by the appellant. The trial court properly and rightly accepted them. There was no subsequent ruling by the trial court that the two exhibits were inadmissible ab initio, or that they were wrongly admitted. In my view the Court of Appeal was perfectly right and in order when after looking at Exhibit M, it concluded..."
EXPLANATION / SCOPE
A party cannot tender a document without objection and later complain that the court examined it or drew adverse conclusions. Once admitted, the document is evidence in the case. The court is entitled to examine it and give it appropriate weight. The principle prevents parties from approbating and reprobating. The party who tendered the document vouches for its admissibility. Any objection to admissibility must be raised at the time of tender. Subsequent complaints about the document’s contents are not grounds for reversal. The court’s duty is to evaluate all admitted evidence. The rule promotes finality and prevents tactical manoeuvring.