EVIDENCE LAW — Documentary Evidence — Proof of Contents — Admission of Pasting Not Proof of Contents
Ratio Decidendi
Per Ogebe, JSC, in Skye Bank Plc & Anor v. Akinpelu (2010) NLC-123-38-2003(SC) at p. 6, paras. B–C:
"The fact that the appellant admitted pasting an Auction Notice is not proof of its contents. It was the duty of the respondent to prove the content of the defamatory statement and failure to do was fatal to his claim of libel."
Explanation / Scope
This principle establishes that admission of pasting a document is not proof of its contents. The party relying on the contents must prove them. The principle applies in defamation claims involving documents. It ensures that the contents of documents are properly proved. The principle reflects the requirement for proof of contents. It prevents reliance on unproved contents. The court must require proof of the contents. The principle provides guidance on proving documentary contents.