LEGAL PRINCIPLE: EVIDENCE LAW – Documentary Evidence – Oral Evidence Admissible to Explain Documents
PRINCIPLE STATEMENT
Oral evidence is admissible where it will throw light upon or assist the court in determining the probative value to be attached to a document. A.-G., Oyo State & 1 Ors. v. Fairlakes Hotels Ltd. & Or. (1988) 5 NWLR (pt.121) 255.
RATIO DECIDENDI (SOURCE)
"Oral evidence is admissible where it will throw light upon or assist the court in determining the probative value to be attached to a document. A.-G., Oyo State & 1 Ors. v. Fairlakes Hotels Ltd. & Or. (1988) 5 NWLR (pt.121) 255."
EXPLANATION / SCOPE
Oral evidence is admissible to explain documents and assist the court in determining their probative value. The parol evidence rule does not bar explanatory testimony. The court may receive oral evidence to clarify ambiguities, provide context, or establish surrounding circumstances. The evidence does not contradict the document but illuminates it. The purpose is to help the court understand the document’s meaning and weight. The principle applies to all documents, not just ambiguous ones. The court may consider oral evidence on execution, delivery, or authenticity. The evidence must be relevant and not vary the terms of a written contract. The rule facilitates proper evaluation of documentary evidence. The court retains discretion on admissibility.
