OLATAWURA, JSC (Delivering the Leading Judgment): This appeal arose out of the ruling by Puusu. J. when the learned trial Judge on 10th February, 1988 ordered certain documents sought to be tendered by the appellant (hereinafter referred to as the plaintiff) on the objection raised by the respondent (hereinafter referred to as the defendant) be marked "tendered and rejected". Any document so marked in the course of any proceedings can neither be tendered again nor relied upon either in the course of address by counsel nor commented upon by the trial judge. The importance or relevance of such a document marked "tendered and rejected" invariably gave rise to the appeal to the Court of Appeal.
In order to appreciate the issue involved, I will set hereunder the relevant and short history of this case. The claim which was for the sum of ₦5,377,374.20 being the principal and interest due on the money allegedly lent to the defendant by the plaintiff at 7% interest was first put on the undef…