Compulaw - 1st Indigenous Digital Law Library

Brief

Public document

Facts

The appellants as plaintiffs sued the defendants now the respondents in suit No. ID/432/83 at the lower court for a declaration that the deed of lease executed by the four respondents in favour of the 5th respondent is void, in the alternative that the said deed of lease be set-aside on the ground that it was made without the consent of the plaintiff. They also claim against the 5th defendant company N200, 000 damages for trespass to the said land and an injunction restraining the said 5th defendant its servants or agents from further entering upon or committing any further act of trespass to the land. Trial began. Appellants closed their case on 1/4/93 and the case was adjourned to 14/5/93 for defence to be opened. However before this date an application for an amendment of statement of claim was filed by the appellant. This application was heard and determined on the 14/5/93 and it was granted. The appellants were ordered to amend their statement of claim. On 23/3/94 when the case came up for hearing, the counsel for the appellants simply put in 3 documents, which were pleaded in paragraphs 11,12 and 17 of the amended statement of claim. The documents are as follows:

i
Writ of summons filed and dated 12th day of April 1976 in suit No. ID/396/76.
ii
Certified True Copy of the judgment No. CA/L/155/85;
iii
Certified True Copy of the letter from the Permanent Secretary, Ministry of Local Government and Chieftaincy Affairs dated 9/3/77 addressed to Mr. A.O. Ogunsiji Joclade Chambers of No. 20 Campbell Street, Lagos.

The learned trial Judge refused to admit the 3 documents in evidence in his ruling giving briefly the following reasons:

a
There is no provision in Order 32 of the High Court of Lagos (Civil Procedure) Rules, which gives the plaintiff right to call additional evidence after he had closed his case.
b
Although the two documents above sought to be tendered are public documents within the meaning of s.109 Evidence Act they cannot be tendered from the bar, but from the witness box after proper foundations have been laid.
c
Certified True Copy of the letter being a private document also cannot be tendered from the witness box.

Dissatisfied with this ruling, the appellants appealed to this court

Issues

1
Whether the letter written by a Permanent Secretary in the course of his...

Okiki II V. Jagun (2000) CLR 4(z) (CA)

Brief

Facts

Issues