ANTHONY IGBO VS THE STATE
August 8, 2025ITESHI ONWE VS THE STATE
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 96541
In the Supreme Court of Nigeria
Fri Nov 21, 1975
Suit Number: SC. 410/1974
CORAM
ABRETT, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ATANDA FATAYI, JUSTICE, SUPREME COURT
PARTIES
S.E.S. NEWSPAPER CORPORATION S.E.S. PUBLIC SERVICE COMMISSION APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed against the defendant the sum of N150,000.00 as damages for the wrongful termination of his appointment as the defendants general manager on 7th August, 1973. He sought to join a second party as defendant but the affidavit in support of the application for joinder did not refer to the particular document which the applicant sought to tender as an exhibit at the hearing
HELD
The Supreme Court held that the learned trial Judge was in error in granting the application as the decision to join the second defendant was based mainly on the contents of a letter which should not have been admitted in evidence.
ISSUES
How were exhibits referred to in a motion supported by an affidavit received in evidence up till the time when the rules were altered in 1967?
RATIONES DECIDENDI
PROCEDURE FOR TENDERING DOCUMENTS
“Bearing the provisions of the applicable rules in mind, it is our view that the proper procedure for tendering the letter is by referring to it specifically in a further affidavit as an “exhibit”. Of course, it may also be tendered either by exhibiting it with the further affidavit or by calling a witness to testify and tender it formally in court..” Per FATAYI-WILLIAMS, JSC
CASES CITED
Re Hinchliffe (1895) 1 Ch. 117
STATUTES REFERRED TO
High Court Law of the East Central State
