EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

Sometimes during a trial, a document may be sought to be tendered and admitted. Are parties allowed to give oral evidence of the contents of documents sought to be tendered?

By section 125 Evidence Act all facts, except the contents of documents, may be proved by oral evidence. The general rule is that where the parties have embodied the terms of their contract in a written document, extrinsic evidence is not admissible to contradict, alter, add to or vary the terms of the written instrument (res ipsa loquitur). See UNION BANK PLC v OZIGI (1994) 3 NWLR Pt. 333 (pages 385-412). See also sections 128 & 129 Evidence Act. This, therefore, means that when anything (contract, judgment, disposition of property, official proceeding) has been reduced into writing or document or series of a document, such must speak for itself. No evidence can be given on such and the content of such document is not to be contradicted, altered, added to or varied by oral evidence. Section 128 Evidence Act, 2011 gives a list of situations where oral evidence may be admissible. Some of these exceptions to the general rule include fraud, intimidation, illegality, etc.