PRINCIPLE STATEMENT

Extracts from a banker's book are admissible if oral evidence shows they are extracts from a banker's book kept by the banker and that the figures copied out had been compared with the original and found correct. Where no objection was raised at trial, the appellate court will not entertain a complaint on admissibility.

RATIO DECIDENDI (SOURCE)

Per Mohammed, JSC, in Kossen (Nig.) Limited v. Savannah Bank of Nig. Limited (1995) NLC-2091989(SC) at p. 12; Paras. A–C.
"Exhibits which are extracts from a banker's book are admissible if certain conditions have been fulfilled. That condition shall be the oral evidence showing that the Exhibits are extracts from a Bankers book, kept by the banker and that the figures copied out had been compared with the original and found correct. Where the appellant's counsel had not raised any objection when the Exhibits were tendered, this court will not entertain any complaint on their admissibility."
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EXPLANATION / SCOPE

Bankers’ books extracts require foundational evidence for admissibility. Failure to object at trial waives the right to challenge admissibility. The principle applies to all documentary evidence. The party must object promptly. The rule promotes efficiency and prevents tactical ambush. The court will accept the evidence if no objection was raised.

CASES APPLYING THIS PRINCIPLE

None recorded.