LEGAL PRINCIPLE: EQUITY AND TRUSTS — Presumption of Advancement — Rebuttal — Admissibility of Subsequent Acts and Declarations
PRINCIPLE STATEMENT
Acts and declarations of parties before or so immediately after as to constitute part of the transaction are admissible for or against the party. Subsequent declarations are admissible as evidence only against the party who made them, not in his favour.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ughutevbe v. Shonowo (2004) NLC-1601997(SC) at p. 31; Paras C–D.
"The acts and declarations of the parties before or so immediately after it as to constitute a part of the transaction, are admissible in evidence either for or against the party who did the act or made the declaration … But subsequent declarations are admissible as evidence only against the party who made them, and not in his favour."
EXPLANATION / SCOPE
Contemporaneous acts and declarations (before or immediately after transaction) are admissible for or against the party. Subsequent declarations are only admissible against the declarant, not in their favour. The principle applies to evidence law and equity. The rule prevents self-serving subsequent statements from rebutting presumptions. Timing determines admissibility for rebuttal purposes. A party cannot use own later declarations to support their case.
