LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility of Oral Evidence – Explanation (Not Contradiction) of Written Terms of Settlement
PRINCIPLE STATEMENT
Where a written document contains a statement that parties have settled out of court but does not state the terms of settlement, oral evidence as to the terms is properly admissible as it does not contradict but merely complements the document.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Kele v. Nwerebere (1998) NLC-761991(SC) at p. 12; Para A.
"Because Exhibit 1 contains a statement that the parties have settled out of court, and the terms of settlement were not stated in Exhibit 1, I am satisfied that oral evidence as to the terms of settlement was properly admissible as it does not contradict but merely complement Exhibit 1."
EXPLANATION / SCOPE
Oral evidence is admissible to explain or complement a written document that is incomplete. The evidence does not contradict the document. The principle applies to the admissibility of oral evidence. The rule is an exception to the parol evidence rule. The court may receive evidence of missing terms. The principle promotes justice and completeness.