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DUTY OF A PARTY TENDERING A DOCUMENT IN EVIDENCE

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“It is a well-established principle of law that when documents are tendered in evidence, their purport must be demonstrated in open court by the party tendering them. It is not sufficient to merely tender documents without linking them to specific aspects of the party’s case. In the case of: Ladoja Vs Ajimobi & Ors. (2016) LPELR-40658 (SC) @ 48 – 50 E – B, this court held thus:

… the law is settled on documents tendered in court which purpose and worth must be demonstrated through a witness. It is settled also that the duty lies on a party who wants to rely on a document in support of his case to produce, tender and link or demonstrate the documents tendered to specific parts of his case. The fact that a document is tendered in the course of proceedings does not relieve a party from satisfying the legal duty placed on him to link his document with his case. See C.P.C. Vs INEC (2011) 18 NWLR (Pt 1279) 493 @ 546 – 547).

… It is not the courts lot to be not saddled with nor can it suo motu assume the partisan responsibility of tying each bundle of such documentary evidence to the appellant’s case to prove the malpractice alleged.

… The court as an arbiter must not get into the arena and engage itself in doing a case for one party to the disadvantage of the other party.

See also; Ucha & Anor. Vs Elechi & Ors. (2012) 13 NWLR (Pt.1317) 330 @ 369.” PER K. M. O. KEKERE-EKUN, J.S.C., in

PROF. BUKAR BABABE V FEDERAL REPUBLIC OF NIGERIA

LER [2018]SC.883/2016

APPEAL NO: SC.883/2016 https://legalpediaonline.com/prof-bukar-bababe-v-federal-republic-of-nigeria/


   
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