LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Oral Evidence Cannot Vary Written Agreement
PRINCIPLE STATEMENT
Section 132(1) of the Evidence Act provides that when any contract has been reduced to the form of a document, no evidence may be given of the terms of such contract except the document itself, nor may the contents of any such document be contradicted, altered, added to or varied by oral evidence.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fortune International Bank Plc v. Pegasus Trading Office & Ors (2004) NLC-1442001(SC) at pp. 7–8; Paras D–A.
"Section 132(1) of the Evidence Act governs how written documents may be interpreted particularly as regards the restriction against varying their contents with extrinsic oral evidence. It provides thus: 'When any judgment of any court or any other judicial or official proceedings, or any contract, or any grant or other disposition of property has been reduced to the form of a document or series of documents, no evidence may be given of such judgment or proceedings, or of the terms of such contract, grant or disposition of property except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained; nor may the contents of any such document be contradicted, altered, added to or varied by oral evidence.'"
EXPLANATION / SCOPE
The parol evidence rule prohibits the use of oral evidence to contradict, alter, add to, or vary the terms of a written contract. Where parties have reduced their agreement to a document, that document constitutes the exclusive evidence of their terms. This serves preserving the integrity of written agreements and preventing fraud or perjury. The court cannot admit oral evidence to modify express terms of a complete written contract, except in recognized exceptions such as fraud, mistake, or ambiguity.