EVIDENCE LAW — Hearsay — Counterfoil Receipts — When Not Hearsay
Ratio Decidendi
Per Oguntade, JSC, in Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC) at pp. 17; Paras A-D:
"The 1st-12th appellants have merely tried to make a mountain out of a mole hill concerning exhibits R and S. These were documentary evidence tendered by the plaintiffs/respondents to show that the 1st to 12th appellants had held a meeting with the plaintiffs/respondents' family whereat they acknowledged the overlordship of the family over the land in disputes. The minutes exhibit 'R' were not signed by the maker as they should be. Exhibit 'S' is a letter said to have been written by the 1st-12th appellants to apologize over their attempt to appoint a Bale for Iganmu village without the concurrence of the plaintiffs/respondents' family."
Explanation / Scope
This principle establishes that counterfoil receipts and similar documents are not hearsay where they are tendered to show conduct or acknowledgment, not the truth of their contents. The principle applies where documents are tendered to show that a meeting occurred or that acknowledgment was made. It ensures that relevant documents are admitted for their probative value on conduct. The principle reflects the distinction between hearsay and original evidence. The court must consider the purpose of tendering. The principle prevents exclusion of valuable evidence on technical grounds. The court must assess weight, not just admissibility.