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EDOKPOLO & COMPANY LIMITED v. SEM-EDO WIRE IND. LIMITED & ORS

(1989) JELR 42845 (CA)

Court of Appeal  •  CA/B/278/87  •  12 May 1989  •  Nigeria

Coram
MICHAEL EKUNDAYO OGUNDARE JCA; EMMANUEL TAKON NDOMA-EGBA JCA; ISA AYO SALAMI JCA;

Judgement

OGUNDARE, JCA (Delivering the Leading Judgment): The appellant in this interlocutory appeal was plaintiff in suit No.FHC/W/4/79 still pending in the Federal High Court, Benin. The appellant company had sued the respondents as defendants claiming various declarations and an order for specific performance. Pleadings having been filed and exchanged between the parties and, with leave of court,amended, the case proceeded to trial. In the course of the evidence of the 1st P.W., Bishop John Edokpolo, the Chairman/Managing Director of the appellant company,an attempt was made to tender a document referred to by the witness as a counter-part of the agreement between the appellant company and its foreign partner, Sem Nigerian Holdings G.M.B.H. and Co., objection was taken to the admissibility of this document by learned Counsel for the defendants, on the ground that the document, although marked counterpart, was, in fact, a copy and being a copy sufficient foundation had not been laid for its …

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