EVIDENCE – DOCUMENTARY EVIDENCE – Whether for a document to have any evidential value it must be relevant and must correlate to the facts in issue


“Documents relied upon must be relevant and correlate to the facts in issue, otherwise, it cannot have any evidential value. Exhibit D2 has not been connected to the land in dispute to give it any strength or value. In fact, by the facts and records in the present appeal, it is obvious that Exhibit D2, though a subsisting judgment of the trial Court, was not in respect of the same parties and subject matter, to bind both the Appellants and the Respondent herein. In fact, Exhibit D2 is not a judgment concerning or in respect of OYOLU layout but ISIZUE layout and therefore irrelevant and without value or any help to the case of the Appellants. To tender Exhibit D2 by the Appellants is more destructive than helpful to their case in proving the title or ownership of the land in dispute since it could not tie or connect the land in dispute. To tender an Exhibit is not for the fun of it but must be relevant in assisting the Court to determine the case before it. Besides, Exhibit D2 is not the genre or class of evidence referred to by Section 128(1) of the Evidence Act that the Appellants are still expecting this Honourable Court to act on.” Per UWANI MUSA ABBA AJI, JSC in OHAEGBU & ORS v. REGD TRUSTEES OF THE CAPUCHIN FRIARS MINOR NIGERIA (2022-LCER-46522-SC) (Pp 13 – 14; Paras B – A)

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