EVIDENCE – JUDICIAL NOTICE – Whether a court must take judicial notice of all the processes filed in a proceeding before it


“The Appellants cannot be availed by the argument that no evidence was led in support of the 2nd Respondent’s defence because that Amended Statement of defence of the 2nd Respondent formed part and parcel of the processes before the trial Court for which his Lordship is enjoined to take judicial notice of having particular regard to the fact pleaded as to the decision of this Court dismissing the appeal against Appeal No. CA/E/80/88. In GARUBA & ORS V. OMOKHODION & ORS (2011) LPELR -1309(SC) Per CHUKWUMA-ENEH, J.S.C. P.40. This Court emphasised this point thus:- “…it is trite that the Court before whom a proceeding is pending or has been completed takes judicial notice of all the processes filed in the proceeding as well as the proceeding itself including the judgment as the case may be and so following from this proposition of law all the processes to be relied upon in any application made before that Court in the proceeding are judicially noticed.” Per MARY UKAEGO PETER-ODILI, JSC in ADALMA TANKERS BUNKERING SERVICES LTD & ANOR v. CBN & ORS (2022-LCER-46528-SC) (Pp 61 – 62; Paras B – A)

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