We equally submit that the other accompanying
documents which accompanied the said annexures are
computer generated evidence which were not
accompanied by a certifying document as required
under Section 84 (4) (9), (b) and (c) of the Evidence Act
2011.
These exhibits are therefore inadmissible evidence
which ought to be expunged. And if this court do so, it
means paragraphs 9-27 of the counter affidavit equally
ought to be expunged because these paragraphs
introduced these documents.
Once a document is rendered inadmissible and
expunged, the oral evidence is not better of as they go
together.
Similarly, the counter affidavit did not deny specific
depositions in the Applicant’s supporting affidavit. The
purported denials were general denial lumped together
and which is not allowed in law.
- Jukola Intl. Ltd V. Diamond Bank Plc (2016) 6
NWLR pt 1507 p 53 at 98.
Where there is no specific denial, it amounts to an
admission in law.
- Ukarie V. EFCC (2018) 14 NWLR pt 1369 p 195 at
207.
- Lawu V. PDP (2018) 4 NWLR pt 1608 p 60 at 118.
What the respondent succeeded in doing, is a mere
general denial which the Supreme Court frowns at in
the case of UBN Plc V. Awmar Properties (2018) 10
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