LEGAL PRINCIPLE: CIVIL PROCEDURE — Judicial Notice — Court’s Own Records — Court Entitled to Take Judicial Notice of Its Own Proceedings
PRINCIPLE STATEMENT
A court is entitled to take judicial notice of its own proceedings and records, including proof of service afforded by its own record.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in A.G., Anambra State & Ors v. Okeke & Ors (2002) NLC-1021997(SC) at pp. 5–6; Paras D–A.
"I am in agreement with the position taken by the court below that the court will take judicial notice of its own proceedings and records and also their contents. Where in a proceeding the question arises whether or not a process of court has been served in the proceeding, it will be a strange thing were the court to ignore the proof of service afforded by its own record in the proceeding and hold that such process has not been served."
EXPLANATION / SCOPE
A court may take judicial notice of its own records and proceedings without formal proof. The court can rely on its record to determine whether service was effected. The principle applies to all courts. It would be absurd for a court to ignore proof of service in its own record. The rule promotes judicial efficiency. The court does not need external evidence of its own acts. The principle applies to service of process, filing dates, and other procedural matters. The court’s record is presumed correct. The opposing party may challenge the record. The rule is based on the maxim omnia praesumuntur rite esse acta. The court will not require re-proof of matters already in its record.
