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ESSO WEST AFRICA INC
V.
OLADITI

(1968) JELR 91494 (HC)

High Court 4 Nov 1968 Nigeria
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- This case involves a claim for a sum of money owed by the defendant to the plaintiffs for goods sold and delivered. - During the trial, the defendant's counsel sought to tender a document as evidence, which was a carbon copy of a document

Case Details

Suit Number:1/148/67
Judges:AGUDA, J.
Counsel:Onalaja For the Plaintiffs; Dele Ige For the defendant.
Other Citations:(1968) NMLR 453

AGUDA J: This suit is a claim for a sum of money being the balance of the price of goods sold and delivered by the plaintiffs to the defendant. Pleadings were ordered and filed. At the trial on October 11, 1968, the plaintiffs called their first witness.

During the cross-examination of that witness, Mr. Dele Ige, counsel for the defendant sought to tender through the witness a document which is one out of the copies of a document signed in quadruplicate by one of the plaintiffs’ agents acknowledging that the defendant was entitled to a credit of a sum of money in his account with the plaintiffs. On the face of the document, it is clear that it is a carbon copy, although it would appear that it was signed through one single process with the original that is, by the plaintiffs’ agent signing the top copy and using carbon papers so as to make everything written on the original copy together with the signature on it appear on the copy sought to be tendered (as well as on other copies).

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