Saturday, November 7, 2009

On whether court can rely on document in its file

A court is entitled to look at a document in its file while writing its judgment or ruling despite the fact that the document was not tendered and admitted as exhibit at the trial.This is an exercise of judicial discretion which must be exercised not only judicially but also judiciously
See Agbasi v.Ebikorefe (1997)4 NWLR (Pt.502)130 Agbahomovo v. Eduyegbe (1999)3 NWLR(Pt.594)170

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