AFFIDAVIT EVIDENCE

• Date: 07 September 2019

(1) "Affidavit evidence is documentary evidence, which is prima facie admissible in law, like oral evidence in court." - Per Tobi, J.C.A. in Soy Agencies v. Metalum Ltd. Suit No. CA/L/72/87; (1991) 3 N.W.L.R. (Pt. 177) 35 at 42.

(2) "Affidavit evidence is documentary evidence. More to the point, an affidavit is a statement of fact which the maker or deponent swears to be true to the best of his knowledge - See Josien Holdings Ltd. v. Lordnamead Ltd. (1995) 1 N.W.L.R. (Pt. 371) 254. See also section 86 of the Evidence Act, and Ojukwu v. Onyeador (1991) 7 N.W.L.R. (Pt. 203) 286, wherein Tobi, J.C.A., (as he then was) defined it as a "Court process in writing deposing to facts within the knowledge of the deponent. It is a documentary evidence, which the Court can admit in the absence of any unchallenged evidence." In the instant case, the only affidavit before the lower Court was that deposed to by the respondent, and the averments therein were not challenged or contradicted in any way. The learned trial Judge therefore has no other option than to accept the facts deposed to in the affidavit as true and to base his decision thereon. Clearly, he was not wrong to have so acted as he did. Besides, where the exercise of the discretion of a trial Court is not manifestly wrong, arbitrary, reckless or injurious, as in this case, the Court of Appeal will not interfere with it. See Chidoka v. First City Finance Co. Ltd. (2001) 2 N.W.L.R. (Pt. 697) 216." - Per Augie, J.C.A. in Azuh v. U.B.N. Plc. Suit No. CA/B/271/2001...