Whether documents marked 'without prejudice' are admissible in evidence and instances where the rule applies

Document marked "Without Prejudice" is restricted only to cases where there is a dispute or negotiation and not to just any letter emanating from a legal practitioners chambers.

"The rule is restricted only to cases where there is a dispute or negotiation and not to just any letter emanating from a legal practitioners chambers.

Letters marked "Without prejudice" are confidential overtures by the defendant to the plaintiff and are excluded from evidence in the court on the ground of public policy.

Amicable settlement of a dispute would be difficult to attain if documents marked "Without prejudice" are subsequently admitted in evidence. The defendant would be prejudiced."

Per Rhodes-Vivour, J.C.A. in OBANDE OBEYA V. FIRST BANK OF NIGERIA PLC (CA/J/192/2005) [2010] NGSC 11 (08 July 2010);