LEGAL PRINCIPLE: EVIDENCE LAW — Proof of Foreign Documents — Power of Attorney Executed Abroad — Admissibility Under Section 117 of the Evidence Act
PRINCIPLE STATEMENT
A document produced before any court purporting to be admissible in any part of the Commonwealth shall be presumed to have a genuine seal, stamp, or signature, and the person signing held the claimed official character, and the document shall be admissible as it would be in the United Kingdom.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Melwani v. Five Star Industries Ltd (2002) NLC-151994(SC) at pp. 8–9; Paras D–A.
"When any document is produced before any court, purporting to be a document which by the law in force for the time being in any part of the Commonwealth would be admissible in proof of any particular in any court of justice in any part of the Commonwealth, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed, the court shall presume — (a) that such seal, stamp or signature, is genuine; and (b) that the person signing it held, at the time when he signed it, the judicial or official character which he claims, and the document shall be admissible for the same purpose for which it would be admissible in the United Kingdom."
EXPLANATION / SCOPE
Section 117 of the Evidence Act facilitates the admission of foreign documents from Commonwealth countries. The court presumes the genuineness of seals, stamps, and signatures, and the official character of the signatory. The document is admissible as it would be in the United Kingdom. The provision simplifies proof of foreign documents. The opposing party may rebut the presumption. The principle promotes international commerce and evidence sharing. The court will not require additional proof of authenticity. The rule applies to powers of attorney, certificates, and other official documents. The document must purport to be admissible under the law of the originating country. The presumption is mandatory (“the court shall presume”).