LEGAL PRINCIPLE: EVIDENCE LAW — Oral Evidence — Delivery of Goods Provable by Direct Oral Evidence
PRINCIPLE STATEMENT
The delivery of consignments of goods is a fact provable by the direct evidence of the person who delivered or witnessed the delivery. Section 77 of the Evidence Act provides that oral evidence must in all cases whatever be direct — if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw that fact.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ezemba v. Ibeneme & Anor (2004) NLC-1422000(SC) at p. 8; Paras B–C.
"The delivery of consignments of goods is a fact provable by the direct evidence of the person who delivered or witnessed the delivery. Section 77 of the Evidence Act, 1990 provides that oral evidence must in all cases whatever be direct — if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw that fact."
EXPLANATION / SCOPE
Delivery of goods can be proved by direct oral evidence of the person who delivered or witnessed the delivery. Section 77 of the Evidence Act requires direct evidence for facts that can be seen. The principle applies to evidence law. The rule permits oral testimony as primary evidence of delivery. Documentary evidence like waybills is not mandatory. The eyewitness account of delivery suffices as proof.
