CORAM

Joseph Olubunmi Kayode Oyewole JUSTICE, COURT OF APPEAL

Adebukunola Adeoti Ibironke Banjoko JUSTICE, COURT OF APPEAL

Okon Efreti Abang Justice, Court of Appeal

PARTIES

1. GILAT TELECOMS LIMITED, ISRAEL

2. GILAT SATCOM NIGERIA LIMITED

APPELLANTS 

1. G-NET COMM. VENTURES LIMITED

2. MR. CHIKA GABRIEL SYLVESTER

RESPONDENTS 

AREA(S) OF LAW

CONTRACT LAW

EVIDENCE

HEARSAY EVIDENCE

PROFESSIONAL CONDUCT

APPEAL

DOCUMENTARY EVIDENCE

BURDEN OF PROOF

SUMMARY OF FACTS

The appellants, Gilat Telecoms Limited, Israel, and Gilat Satcom Nigeria Limited, sued G-Net Comm. Ventures Limited and Mr. Chika Gabriel Sylvester at the High Court of the Federal Capital Territory for the recovery of $29,040.30, claiming that this amount was owed by the respondents. They sought interest on the sum, as well as the cost of the action.

HELD

The Court of Appeal dismissed the appeal and upheld the decision of the lower court. The court ruled that the testimony of the appellants’ sole witness, who was also the counsel representing them, was rightly classified as hearsay and inadmissible. The court further held that unsigned documents did not meet the legal threshold required to prove the existence of a valid contract.

ISSUES

1. Whether the lower court was correct in holding that a counsel representing a party is incompetent to give evidence in a case in which they are acting as counsel ?

2. Whether the lower court was correct in holding that the testimony of the sole witness for the appellants, a counsel in the case, amounted to hearsay evidence and was inadmissible ?

3. Whether the trial court was right in holding that there was no valid contract between the appellants and respondents ?

4. Whether the trial court was correct in rejecting unsigned documents tendered as evidence, which the appellants claimed constituted a valid contract ?

5. Whether the trial court erred in dismissing the appellants’ claims despite the evidence presented ?

RATIONES DECIDENDI

COUNSEL ACTING AS WITNESS – IMPROPRIETY OF COUNSEL ACTING AS BOTH ADVOCATE AND WITNESS IN THE SAME CASE

“It is improper for counsel representing a party to also act as a witness in the same case. Such conduct is contrary to the rules of professional conduct, and any testimony from such counsel is inadmissible.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

HEARSAY EVIDENCE – INADMISSIBILITY OF EVIDENCE FROM A WITNESS LACKING PERSONAL KNOWLEDGE

“Testimony from a witness who does not have personal knowledge of the facts of the case is inadmissible, as it constitutes hearsay evidence. The court cannot rely on such testimony unless it falls under an exception.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

VALIDITY OF CONTRACTS – REQUIREMENT FOR SIGNATURES ON CONTRACTUAL DOCUMENTS

“A document that is unsigned cannot be considered a valid contractual instrument. The absence of a signature renders the document ineffective in creating legal obligations.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

INADMISSIBILITY OF UNSIGNED DOCUMENTS – FAILURE TO MEET THE REQUIREMENTS OF A VALID CONTRACT

“An unsigned document is regarded as a worthless piece of evidence. It cannot be relied upon to establish any legal rights or obligations, particularly in contract law.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

PROOF OF CONTRACT – FAILURE TO PROVIDE EVIDENCE OF A VALID CONTRACTUAL AGREEMENT

“The plaintiff bears the burden of proving the existence of a valid contract. Where the evidence presented does not meet the standard required to prove a contract, the court is bound to dismiss the claim.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

HEARSAY RULE – EXCLUSION OF HEARSAY EVIDENCE UNLESS AN EXCEPTION APPLIES

“Hearsay evidence is inadmissible unless it falls within a recognized exception. The court must exclude testimony that does not derive from personal knowledge.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

BURDEN OF PROOF – OBLIGATION ON PLAINTIFF TO PROVIDE CREDIBLE EVIDENCE

“In civil litigation, the burden of proof lies with the plaintiff, who must present credible evidence to substantiate their claims. Failure to discharge this burden leads to the dismissal of the claim.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

CONTRACTUAL OBLIGATIONS – INABILITY TO ESTABLISH A CONTRACT WITHOUT A VALID AGREEMENT

“A party seeking to enforce a contract must prove the existence of a valid agreement. Without such proof, there can be no contractual obligations.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

IMPROPRIETY OF COUNSEL GIVING EVIDENCE – RULES GOVERNING PROFESSIONAL CONDUCT IN LITIGATION

“Counsel appearing as an advocate in a case should not also give evidence in that case. This violates established ethical standards of professional conduct.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

LEGAL REQUIREMENTS FOR CONTRACTUAL DOCUMENTS – NEED FOR SIGNATURES TO VALIDATE AGREEMENTS

“A contract must be executed with the signatures of the parties involved to be legally binding. Without signatures, the document has no legal effect.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

RELIABILITY OF DOCUMENTARY EVIDENCE – NECESSITY FOR PROPER EXECUTION OF DOCUMENTS

“Documentary evidence, to be considered reliable, must meet the standard of proper execution, including the affixation of signatures by all relevant parties.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

ETHICAL VIOLATIONS – CONSEQUENCES OF COUNSEL BREACHING ETHICAL STANDARDS

“A counsel who breaches professional ethical standards by acting as both an advocate and a witness risks having their testimony excluded. Courts are duty-bound to maintain the separation between advocacy and testimony.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

SCOPE OF APPELLATE REVIEW – WHEN APPELLATE COURTS CAN OVERTURN LOWER COURT DECISIONS

“An appellate court will not interfere with the findings of a trial court unless those findings are shown to be perverse or unsupported by evidence.”

– Per Joseph Olubunmi Kayode Oyewole, J.C.A.

CASES CITED

Not  Available

STATUTES REFERRED TO

Evidence Act 2011

Rules of Professional Conduct for Legal Practitioners 2023

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