LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Secondary Evidence — Photocopies — When Admissible
PRINCIPLE STATEMENT
Where a party admits that he wrote and signed a document and that the photocopy shown to him is the same as the original in all respects, the photocopy is properly admissible. To hold otherwise would amount to a denial of justice based on a technicality.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Kossen (Nig.) Limited v. Savannah Bank of Nig. Limited (1995) NLC-2091989(SC) at p. 11; Paras. A–C (citing Caralleti Giovianni v. Bonaso Luigi).
"Where a party admits that he wrote and signed a document and that the photocopy shown to him is the same as the original in all respects, the document could have been properly admitted in evidence at that stage of the proceedings. To hold otherwise would amount to a denial of Justice based on a technicality which is glaringly untenable."
EXPLANATION / SCOPE
Photocopies are admissible as secondary evidence when the original’s existence and contents are admitted. The principle applies to all documentary evidence. The court will not exclude evidence on technical grounds. The rule promotes substance over form. The party cannot challenge the photocopy if they admitted its accuracy.