LEGAL PRINCIPLE: EVIDENCE LAW – Documentary Evidence – Necessity of Production and Tender of Documentary Evidence of Title
PRINCIPLE STATEMENT
Where a party testifies about a document of title but fails to produce or tender it, or to give secondary evidence of its contents upon a proper foundation, the evidence led about it goes to no issue.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Alhaji Musa Kala v. Alhaji Barau Potiskum & Anor (1998) NLC-1981994(SC) at pp. 17-18; Paras C--F.
"The appellant also stated in his testimony that there was a document of title evidencing the sale transaction... the document was neither produced nor tendered in court... Since the document ought to have been tendered or secondary evidence thereof given of its contents upon proper foundation being laid but this was not done, the evidence led about it in proof of the proprietary interests of the 2nd respondent went to no issue."
EXPLANATION / SCOPE
A party must produce the best evidence of a document. Secondary evidence is only admissible after laying a proper foundation. The principle applies to all documentary evidence. Failure to tender a document renders oral testimony about it valueless. The court cannot rely on unproduced documents. The rule promotes the best evidence rule. The party must either produce the original or prove its loss or unavailability. The principle prevents reliance on unsubstantiated claims.
