STATE (2018) LPELR-43601 (SC); and AROGUNDADE VS THE STATE
(2009) ALL FWLR (PT. 469) (SC) 423
The Contentions in regard to Hearsay will be dealt with in the determination
of the Case.
As regards the Contention of the Defence that the Proper Party to testify on
behalf of Salman Global Ventures Nigeria Limited was its Managing Director,
Alhaji Ibrahim Abubakar and not PW14, Mr. Dandison Akurunwa Esq., the
Company Secretary (it is note worthy that the Defence elected to disregard
his proper designation as a Company Secretary and preferred to refer to him
as Secretary, simpliciter.), and also the reference to Evidence of PW13, Mrs.
Oyewo Ganiat the Unity Bank, Relationship Officer and her Competence to
testify, the Court refers to the Case of CHEMIRON (INTL) LTD V. STABILINI
VISINONI LTD (2018) LPELR-44353 (SC), where Her Lordship, PETERODILI, J.S.C. (Pp. 17-20, Paras. B-A)held that a Body Corporate carries out
its Affairs and Responsibilities through its Agents and Servants who are
Human Persons.
This was restated by the Court per COKER- JSC IN KATE ENTERPRISES
LTD V DAEWOO NIGERIA LTD (1985) 2 NWLR (PT5) 116, who HELD that
any Servant or Agent of the Company acting for the Company would meet
the requirement of testifying on behalf of the Company. It is not necessary
that it is only that Person who carried out the function on behalf of the
Company that must testify. Any Official of the Company well equipped with
the Transaction and or related Documents would suffice to testify. Her
Lordship also referred to the Cases of ANYAEBOSI V RT BRISCOE NIG. LTD
(1987) 2 NWLR (PT.59) 84; KATE ENTERPRISES LTD V DAEWOO
NIGERIA (SUPRA) and SALEH V B. O. N. LTD (2006) NWLR (PT.976) 316
AT 326 – 327, to sayeven where the Official giving the Evidence is not the
one who actually took part in the Transaction on behalf of the Company, his
Evidence is nonetheless relevant and admissible and will not be
discountenanced or rejected as Hearsay Evidence.....
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