Legal Principles – Nigerian LawCompass

Evidence Law Important

EVIDENCE LAW – Confessional Statement – Statement Through Interpreter – Admissibility

"It often happens that statements have to be made to the Police through an illiterate interpreter and so cannot be written down in the language in which made. What this...

Evidence Law Important

EVIDENCE LAW – Admissibility – Uncontradicted Evidence

"The trial Judge was bound to accept and act on that evidence, even if it had been minimal evidence, that p.w.2 sold the land in dispute to the appellant."

Evidence Law Important

EVIDENCE LAW – Medical Reports – Admissibility of Post-Mortem Report When Doctor Is Unavailable

"A medical officer in the service of a state for purposes of undertaking a post-mortem examination is a pathologist and his report is a certificate as envisaged in section 42(1)(a)...

Evidence Law Important

EVIDENCE LAW – Admissibility of Previous Statements – Statement Against Proprietary Interest of Deceased Person

"Statements, written or verbal, of relevant facts made by a person who is dead are themselves relevant facts in the following cases: (c) when the statement is against the pecuniary...

Appellate Practice Important

APPELLATE PRACTICE — Fresh Evidence — Conditions for Admission on Appeal — Three Special Grounds Must Co-Exist

"The grounds upon which further evidence can be allowed are: (a) the evidence sought to be adduced must be such as could not have with reasonable diligence been obtained for...

Evidence Law Important

EVIDENCE LAW — Admissibility of Evidence — Non-Registration under Land Instruments Registration Law

"No instrument shall be pleaded or given in evidence in any court as affecting any land unless the same shall be registered."

General Important

EVIDENCE LAW — Admissibility of Evidence — Admissibility of Judgments — Purpose of Tender

"court judgments are only used, when tendered in a trial, to determine and confirm what was actually decided in the case and not to use the evidence given in it...

Evidence Law Important

EVIDENCE LAW – Admissibility of Oral Evidence – Written Contracts

"The said oral evidence on the rate of interest offends section 132(1) of the Evidence Act Cap. 112 Laws of the Federation of Nigeria, 1990 which provides: 'When any judgment...

Evidence Law Important

EVIDENCE LAW – Documentary Evidence – Parol Evidence Rule – Admissibility of Evidence Contradicting Written Instrument

"The deed of gift, exhibit H, is quite plain as to the persons the gift was made and for what purpose. The intention is clear. That intention cannot be contradicted,...

Evidence Law Important

EVIDENCE LAW – Admissibility of Documents – Objection Need Not Be Pleaded

"An objection to the admissibility of a document, as contended by learned appellants' counsel, is hardly raised by way of pleadings. The reason is obvious. This is because it is...

Evidence Law Important

EVIDENCE LAW – Admissibility of Documents – Inadmissible Document Remains So Despite No Objection

"It must firstly be observed that neither a trial court nor the parties have the power to admit without objection, a document that is in no way or circumstances admissible...

Evidence Law Important

EVIDENCE LAW – Admissibility of Registered Instruments – Effect of Defective or Non-Compliant Plans

"A registrable instrument affecting land, once duly registered under the relevant Land Instruments Registration Law, is admissible in evidence notwithstanding that a plan annexed to it may be defective or...