DOCUMENTARY EVIDENCE: Whether photocopy of certified true copy of
public document admissible
PRINCIPLE
As I have observed(supra) exhibits A, B, C and D annexed to the
counter-affidavit are by its (counter-affidavit) tenor and the
submissions of the learned counsel for the respondents, held out to be
public documents in the sense that they are judicial documents - that
is processes already filed in the court of processes filed in court.
They are not photocopies of certified true copies of processes filed
in court. The law is settled that a photocopy of a certified true copy
of a public document need no further certification. See A.CB. Pic. v.
Nwodika (1996) 4 NWLR (Pt.443) 470. Indeed, a document which is a
photocopy of a certified true copy of proceedings of a court of law is
admissible in evidence once the document of which it is a photocopy is
an authentic document of a court duly certified as the true copy of
the original issued with the seal of the court. See(1)Esso West Africa
Inc. v. Alli (1978) NMLR 414; (2) Daily Times v. Williams (1986) 4
NWLR (Pt.36) 526 and section 111 (1) of the Evidence Act. Per Aderemi
JCA.
OTHER CITATIONS
Daniel Tayar Trans. Ent. Ltd. v. Busari (2001) NWLR (Part 695). Pg.
489, para G
MILORD
public document admissible
PRINCIPLE
As I have observed(supra) exhibits A, B, C and D annexed to the
counter-affidavit are by its (counter-affidavit) tenor and the
submissions of the learned counsel for the respondents, held out to be
public documents in the sense that they are judicial documents - that
is processes already filed in the court of processes filed in court.
They are not photocopies of certified true copies of processes filed
in court. The law is settled that a photocopy of a certified true copy
of a public document need no further certification. See A.CB. Pic. v.
Nwodika (1996) 4 NWLR (Pt.443) 470. Indeed, a document which is a
photocopy of a certified true copy of proceedings of a court of law is
admissible in evidence once the document of which it is a photocopy is
an authentic document of a court duly certified as the true copy of
the original issued with the seal of the court. See(1)Esso West Africa
Inc. v. Alli (1978) NMLR 414; (2) Daily Times v. Williams (1986) 4
NWLR (Pt.36) 526 and section 111 (1) of the Evidence Act. Per Aderemi
JCA.
OTHER CITATIONS
Daniel Tayar Trans. Ent. Ltd. v. Busari (2001) NWLR (Part 695). Pg.
489, para G
MILORD
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