OGUNDARE, JCA (Delivering the Leading Judgment): The appellant in this interlocutory appeal was plaintiff in suit No.FHC/W/4/79 still pending in the Federal High Court, Benin. The appellant company had sued the respondents as defendants claiming various declarations and an order for specific performance. Pleadings having been filed and exchanged between the parties and, with leave of court,amended, the case proceeded to trial. In the course of the evidence of the 1st P.W., Bishop John Edokpolo, the Chairman/Managing Director of the appellant company,an attempt was made to tender a document referred to by the witness as a counter-part of the agreement between the appellant company and its foreign partner, Sem Nigerian Holdings G.M.B.H. and Co., objection was taken to the admissibility of this document by learned Counsel for the defendants, on the ground that the document, although marked counterpart, was, in fact, a copy and being a copy sufficient foundation had not been laid for its …
EDOKPOLO & COMPANY LTD
V.
SEM-EDO WIRE IND. LTD & ORS
(1989) JELR 42845 (CA)
Court of Appeal 12 May 1989 Nigeria
BriefBot Summary
- The appellant sued the respondents and attempted to introduce a document as evidence, but the trial judge rejected it as inadmissible. - The appellant appealed the ruling, arguing that the document should be considered primary evidence an
Case Details
Suit Number:CA/B/278/87
Judges:MICHAEL EKUNDAYO OGUNDARE Justice of The Court of Appeal of Nigeria
EMMANUEL TAKON NDOMA-EGBA Justice of The Court of Appeal of Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria
Counsel:Taiwo Kupolati, Esq. For Appellant
Bankole Aluko - for the 1st-3rd Respondents.K. E. Mozia - for the 4th Respondents. For Respondent
Other Citations:Edokpolo v. Sem-Edo (1989) 4 NWLR (Pt.116)
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