iQ(a) and any film, negative, tape or other device in
which one or more visual images are embodied so as to
be capable (with or without the aid of some other
equipment) of (b) being reproduced from it'
(Pp. 232-233, paras. G-A)
Pl is covered by section 258(1) of Evidence Act 2011,
the court pronounces that it is a document and has clearly defined the
Therefore, exhibit
essence of demonstrating the video Exhibit
1
"An etectronically-generated document which has
been
admitted in evidence upon fulfilling all pre-conditions, and
which is not taken as read by consent, ought to be
demonstrated or played to prove the facts alleged;
otherwise, it remains a closed or'sleeping'document, which
is unusable and which need not have been brought before
the trial court or tribunal in the first place as it would merely
amount to clutter." (P 205 paras. E-G)
Per GALADIMA, J.S'C. at page 2I.6, paras. G-H:
The purpose of a trial in court is essentially to establish the justice of a
case based primarily on the weight and substantially of proven facts'
During trials, parties are required to establish by evidence, real, oral or
documentary, those facts on which their cases rest and depend' See,
oBASr & ANOR V ONWUKA & ORS (1987) 7 SC (PT 11) 233 '
In BORNU HOLDING COMPANY LTD V BOGOCO 1970 1 ALL NR 325
BATE J held as follows:
"A trial is not an investigation and; investigation is not the
function of a court. A trial is the public demonstration and
testing before a court of the cases of the contending
parties..."
cA.AS.40C.2022
16 lPa6ler