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GOODWILL & TRUST INVESTMENT LTD & ANOR V. WITT & BUSH LTD

Legalpedia Citation: (2011-03) Legalpedia (SC) 42239

In the Supreme Court of Nigeria

Fri Mar 25, 2011

Suit Number: SC. 266/2005

CORAM



PARTIES


l. GOODWILL & TRUST INVESTMENT LTD.

2. MR. JOHNSON OMONIYI ASHAOLU

APPELLANT(S) / PLAINTIFF(S) 


WITT & BUSH LTD

RESPONDENTS / DEFENDANTS 


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant tendered a photocopy of a certificate of incorporation certified at the High Court registry to prove that it is a registered company.


HELD


The court held that the document was inadmissible in that it was not certified at the corporate affairs registry and therefore that the appellant did not prove it is a juristic personality competent to sue.


ISSUES


1. Whether the Court of Appeal was right in its decision that the its plaintiff/appellant was not a juristic person.?


RATIONES DECIDENDI


ADMISSIBILITY OF CERTIFIED CONTENTS OF DOCUMENTS.


“The content of documents may be admitted as secondary evidence, once they have been properly certified.” Per Mukhtar J.S.C


CASES CITED


Anatogu v. Igwe Iweka II (Eze Obosi) and Others 1995 8 NWLR part 415 page 547,Obadina family and Executor of Chief J. A. Ajao v. Ambrose family and Others 1969 1 NWLR 25,Daggash v. Bulama 2004 14 NWLR part 892 page 144. ?


STATUTES REFERRED TO


The Evidence Act

 


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