A document rejected must be so marked by Judge

It is wrong to declare a document inadmissible and to decline to mark it “Tendered and Rejected”.

Babatola v. Aladejana [2001] 12 NWLR (Pt. 728) 597 at 609 paras. C-D, per Mohammed, JSC:

 
“…Once a document is tendered during proceedings and declared inadmissible by the trial Judge it should be marked “Tendered and Rejected”. The rejected document must be kept by the court or tribunal which hears the case for the statutory period and later the document shall be sent to the appellate court where there is an appeal. It is wrong to declare a document inadmissible and to decline to mark it “Tendered and Rejected”.
 

Blogger’s Note:

Click here for the full Judgment.

 

Marking a document declared inadmissible “Tendered and Rejected” is quite important in order to avoid any situation of confusion as to the true status of such document in relation to the case. It helps to set the records straight and also to prevent any clever party from reintroducing the said document.


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