LEGAL PRINCIPLE: EVIDENCE LAW – Proof of Forgery – Standard of Proof Beyond Reasonable Doubt in Civil Cases
PRINCIPLE STATEMENT
Proof of forgery in a civil case requires evidence that satisfies the court beyond reasonable doubt, as required by section 138 of the Evidence Act.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Braimah v. Abasi & Anor (1998) NLC-1221992(SC) at pp. 14; Para D.
"I am satisfied on the evidence that Exhibit 2 is a forgery and being so the transaction it purports to evidence is completely vitiated; it transferred no title to the transferee mentioned therein or to any other person. There is, in my respectful view, sufficient evidence to satisfy the requirement of section 138 of the Evidence Act as to proof beyond reasonable doubt."
EXPLANATION / SCOPE
Forgery in civil cases must be proved beyond reasonable doubt. The standard is higher than the ordinary civil standard. The principle applies to allegations of fraud and forgery. The court must be satisfied to a high degree of certainty. The rule protects against false allegations of forgery. The party alleging forgery bears the burden. The court will not infer forgery from mere suspicion.
