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On When document marked “rejected” can be retendered –
Where a document is rejected for lack of proper foundation and not for inherent inadmissibility, it can be re-tendered as exhibit. In the circumstance, the Court of Appeal was right to hold that the trial court ought not to have “rejected” and “marked rejected” the admissible statement of account because proper foundation was not laid. The document could later be admitted in evidence after proper foundation had been laid by the respondent for its admissibility.
See:Diverse Assets Mgt. Ltd. v. Wema Bank Plc(2023) 12 NWLR (Pt. 1897) 121 S.C.
✍️ C.K. ANYANWU ESQ
PUBLICITY SECRETARY,
NBA-ABA, BRANCH.