LEGAL PRINCIPLE: CIVIL PROCEDURE – Amendment of Pleadings and Plans – Effect of Consent to Formal Amendment
PRINCIPLE STATEMENT
Where the appellants consented to the admission of a plan in evidence, they cannot later assert that the plan was inadmissible.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Osho v. Ape (1998) NLC-2021993(SC) at p. 13; Paras D–E.
"Thus, as indeed eventually transpired at the hearing of the case before the trial court on 23rd October, 1978, at page 54 of the records of proceedings, by consent of both counsel for the parties, plan No. AB7873A previously marked X for identification and plan No. FA3531, were admitted in evidence and marked Exhibits 'A' and 'B' respectively. The appellants having consented to the admission of Exhibit 'A' in evidence, they cannot now in this court, in my respectful view, assert that the plan Exhibit 'A' was inadmissible."
EXPLANATION / SCOPE
Consent to admission waives objections to admissibility. The principle applies to all evidence. The party cannot later challenge the evidence. The rule promotes finality. The party must object at trial. The principle is fundamental.