can identify it because it carries the name of the person to
whom I sold the house Umar Yahaya, the name of elder
brother Sidi Mamman Asirkawa, the name of Bello Tamaje.
Chile Okoroma Esq. Have a look at this document and tell this court if it
is the photocopy of the sale agreement.
PW2:
Yes this is the document
Prof. Ibrahim Abdullahi SAN: We object to the admissibility of this
document on the following grounds:
i. The witness purported to have sold the house to one Umar
Yahaya for which a sale agreement was executed, the
purported sale agreement sought to be tendered is between
one Alh. Hamza Sidi Mamman Asirkawa and one
Mohammed Umar Yahaya. There is no evidence from the
witness that he ever sold a house to one Mohammed
Umar Yahaya, the defendant sought to be tendered is not
bearing the name of Umar Yahaya. No foundation is led
as to who is Mohammed Umar Yahaya. The point is that
any document relating to Mohammed Umar Yahaya is
not relevant to this proceeding because nothing has been
sold to him. More especially what is in the charge is sale of
blocks of landed properties which the witness could not
even describe.
ii. The witness said he lost the original and could not find the
original. So the basis of tendering this document is the lost
of the original. There is no proper foundation led to show
the efforts of the witness to trace th original and this is
contrary to the provisions of Section 89 (c) of the Evidence
Act, 2011 this foundation was not led by the witness. The
law is that failure to lay proper foundation can lead to
rejection of a document
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