Admissions in pleadings

• Pages: 45-46

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must firstly be observed that neither a trial Court nor the parties have the power to

admit without objection, a document that is in no way or circumstances, admissible

in law. See Idowu Alase and Others v. Sanya Olori Ilu and Others (1965)

N.M.L.R. 66 at 77 and Salau Jagun Okulade v. Abolade Agboola Alade (1976)

1 All N.L.R. (Pt. 1) 67. Indeed, if a document is wrongfully received in evidence

before the trial Court, an appellate Court has an inherent jurisdiction to exclude it

although counsel at the lower Court did not object to its going in. See Mallam Yaya

v. Mogoga (1947) 12 W.A.C.A. 132 at 133 and Alase v. Ilu (1965) N.M.L.R. 66 at

77. It is therefore clear that the Court below, with respect, erred in law when in

effect, it upheld the admissibility of Exhibits A to E on the ground that no objection

had been raised against them when they were first tendered before the trial Court.”

- Per Iguh, J.S.C., in Oseni v. Dawodu Suit No. S.C. 158/1990; (1994) 4 N.W.L.R.

(Pt. 338) 390 at 404.

(5) “Firstly, a document, or indeed any evidence, wrongly admitted by the lower

Court whether or no objection was taken shall be expunged by an appellate Court if

the admissibility of the evidence is challenged on appeal. See Alashe v. Ilu (1996)

1 All N.L.R. 390.”- Per Ubeazonu, J.C.A., in Abadom v. State Suit No. CA/E/

109/94; (1997) 1 N.W.L.R. (Pt. 479) 1 at 23.

(6) “It was held by Karibi-Whyte, J.S.C., as follows: - “Held (3) Under Section 16 of

the Court of Appeal Act 1976 and Order 1 rule 20(1) sub rule 3 of the Court of

Appeal Rules 1981 the Court of Appeal has the power to receive further evidence

on questions of fact but such further evidence is only received on special grounds

and the power vested in the Court of Appeal is generally exercised reluctantly, sparingly

and with great circumspection. This is because of the rules involved in allowing a

person to reopen an issue after it has been discovered and relied upon and used at

the trial have now been found. It is likely to prejudice the position of the other party

and result in the miscarriage of justice.” - Per Onalaja, J.C.A., in Igbosonyi v.

Onwubuariri Suit No. CA/PH/97/95; (1997) 3 N.W.L.R. (Pt. 495) 592 at 603.

(11) ADMISSIONS IN PLEADINGS

86. Appellate Court’s attitude to admission in pleading of parties.

(1) “It is totally untenable for this Court exercising its appellate jurisdiction, to ignore,

as learned counsel for the appellant urged, the admissions in the pleadings, any more

than it could disregard concessions made by counsel on behalf of their clients in the

course of their addresses, unless in very exceptional circumstances where it would

be grossly unreasonable and inconsistent with substantial justice to hold a party on to

his admission.” - Per Ndoma – Egba, J.C.A., in Edokpolo v. Sem-Edo Suit No.

CA/PH/278/87; (1989) 4 N.W.L.R. (Pt. 116) 473 at 507.

(2) “Pleadings are indispensable aspect of civil litigation and when ordered in

appropriate cases, they are binding on the parties. They are precluded from

Admission in pleadings Paras. 85-86