Where the document sought to be tendered was not pleaded

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It is trite that for a document to be admissible in evidence, it must be pleaded, or facts upon which it can be admitted be pleaded, must be relevant and admissible in law.[1]An exception where such a document even though not pleaded will be admitted is during cross-examination in order to contradict witness. [2]


[1] Alhaji Babatunde Thanni and another v Sebalemotu Saibu and others (1977) 2 SC 89 AT 114; UAC Ltd v Saka Owoade,13 WACA 207; Ipinlaiye v Olutokun (1996) 6 SCNJ 74 at 87.

[2] Evidence Act, ss199 ,209 and 210;  Ipinlaiye v Olutokun (1996) 6 SCNJ 74 AT 87; Olojede and another v Olleye and another (2012) LPELR-9845(CA) 82-83 paras C-A.

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