EVIDENCE LAW — Proof of Signature — Opinion Evidence — Witness Not Present at Execution May Depose Opinion on Signature
Ratio Decidendi
Per Onnoghen, JSC, in Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC) at p. 25; Paras D–E:
"It is trite law that a witness who was not present as such did not see a document in dispute written or signed could depose his opinion that the signature or handwriting is that of a particular person. It is not necessary that a witness who deposes his opinion should have seen the person whose signature or handwriting is in question sign it at all for it will be sufficient if he has received documents purporting to be signed by him."
Explanation / Scope
A witness can give an opinion on a person’s signature even if they did not see the person sign the document. It is sufficient if the witness has received documents purportedly signed by that person and is familiar with their handwriting. Such opinion evidence is admissible to prove the authenticity of a signature. This simplifies proof of signatures where the signatory is unavailable.