In Obeya v Okpoga Microfinance Bank Ltd, thecourt held:
…The same fate also befalls Exhibit E, the affidavit in support of the motion for joinder of Ogabo A. Michael, which the trial Court referred to at pages 164 – 165 of the record. It was not a part of the evidence led or exhibits tendered at the trial and the trial Court gave no opportunity to the parties to address on it before using it. A Court can only make use of exhibits properly admitted before it. [1]
[1](2019) LPELR-47615(CA) 23-24 paras F-B; Chukwuma v FRN (2011) 13 NWLR (Pt 1264) 391 at 421.