OKECHUKWU UZOMA V. DR. VICTOR ASODIKE
(2009) JELR 53904 (CA)
Court of Appeal
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CA/PH/188/2007
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5 Mar 2009
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Nigeria
Coram
KUDIRAT M. OLATOKUNBO KEKERE-EKUN JCA (Presided) IBRAHIM MOHAMMED MUSA SAULAWA JCA EJEMBI EKO JCA (Read the Lead Judgment)
Appearances
Chidi Nworka, Esq - for the Appellant.
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Chukwuma Onyeocha, Esq. - for the Respondent.
Judgement
<p><strong> EKO JCA (Delivering the Lead Judgment): </strong> This is an interlocutory appeal against the ruling of Imo State High Court in suit No.HOW/99/2002 before A.O.H Ukachukwu J, one Dr. (Mrs.) Adaoha Okwusosa, a relation of the plaintiff/appellant, was testifying for the plaintiff and in the course of her testimony, a certified true copy of a certificate of occupancy, (C of O), pleaded by both parties was tendered for admission in evidence, after it was identified. The defence objected to admissibility of the said certified true copy of the C of O registered as No. 73, page 73, Volume 90 at the Lands Registry, Owerri, Imo State. The said witness (PW1) is the plaintiff’s eldest sister. The plaintiff/appellant resides in the USA. She was not in court when the PW1 was testifying.</p><p>The grounds for the objection by the defence counsel are that: A</p><p>Though a party to a suit can apply for certified copy of a document and tender it in evidence, the witness is not a party to the suit and therefore could not ap…</p>