LEGAL PRINCIPLE: EVIDENCE LAW — Admissibility of Evidence — Admissibility of Judgments — Purpose of Tender
PRINCIPLE STATEMENT
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 for or against any of the parties therein.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC Itauma v. Akpe-Ime (2000) NLC-231995(SC) at p. 34; Paras. C–D.
"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 for or against any of the parties therein."
EXPLANATION / SCOPE
When a judgment is tendered in evidence, its proper purpose is to prove the fact of the decision and what was actually adjudicated—i.e., the ratio decidendi and the orders made. It is not admissible to prove the truth of the evidence adduced in the earlier case or to use that earlier testimony as substantive evidence against parties in the current proceedings. This distinguishes between using a judgment to establish res judicata or estoppel (permissible) and using it as hearsay to prove underlying facts (impermissible).