Counsel submitted that from Exhibit DB8 – DB18 i.e. judgment in suit No.
FCT/HC/CV/1059/2009, it is crystal clear that Plaintiff was staff of 2nd
Defendant and drew salary monthly.
That it is also on record that Plaintiff has been paying for items on behalf
of 2nd Defendant e.g. stocks, generators, rents, payment of staff salaries
etc.
That he employed staff for and on behalf of 2nd Defendant as manager of
the 2nd Defendant.
Counsel submitted that this judgment, i.e. Exhibit DB8 – DB18 and facts
contained therein are res judicata. They operate as estope against the
Plaintiff. Furthermore they have neither been appealed against, varied,
set aside nor overturned by any appellate Court.
In view of the foregoing, counsel stated that the Plaintiff cannot, in the
instant case, be permitted or allowed to deny or contradict these facts
by his oral testimony.
He referred the Court to the case of Madu V. Madu (2008) 6 NWLR (part
1083) p. 296 at 324 paragraphs F – H, the supreme Court held as follows:“Oral evidence cannot be used to contradict contents of
documentary evidence. in the instant case, any oral evidence
by the respondent
respondent or relied upon by the Court of appeal to
show that the land in dispute belonged to any person
person other
than the appellant is inadmissible as it amounts to using oral
evidence
evidence to contradict contents of documentary evidence”.
Also section 128 (1) of the Evidence Act Cap. 14 2011 provides as follows:“When a judgment of a Court or any other judicial or official
proceeding, contract or any grant or other disposition of
property
property has been reduced to the form of a document or series
of documents, no evidence may be given of such judgment or
proceeding or of the terms of such contract,
contract, grant or
disposition
of
property
property
except
the
document
document
itself,
or
secondary evidence of its contents in cases in which secondary
secondary
evidence is
is admissible under this act; nor may the contents of
any such document be contradicted, altered, added to or
varied by oral evidence”.
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