Affidavit witness statement8/30/2023 MINISTRY OF COMMERCE & INDUSTRIES & ORS (2018) LPELR-CA/MK/29/2013, that: ” … a witness’ Statement on oath is different from an affidavit. The Court has also held in the novel case of TAR & ORS v. If the opponent fails to cross examine, the witness’ it is taken as the true situation of facts contained there in.” Per NDUKWE-ANYANWU, J.C.A. It is thereafter subjected to cross examination after which it becomes evidence to be used by the Court. At this stage at best it becomes evidence in chief. It only becomes evidence after the witness is sworn in court and adopts, his witness statement. On the contrary a witness statement is not evidence. It is documentary evidence which the court can admit in the absence of any unchallenged evidence. ![]() It is a court process in writing deposing to facts within the knowledge of the deponent. An affidavit is a statement of fact which the maker or deponent swears to be true to the best of his knowledge. IREK & ANOR (2012) LPELR-CA/C/NAEA/289/2011, the Court laid a strong brick we can safely stand on: ” … that a witness statement on oath is different from an affidavit evidence. In determining the distinction between the two documents under consideration, the Court has a lot to say. To send the dark cloud away, an affidavit can be differentiated from a statement on oath if we consider when they could be conferred the status of an evidence in a proceedings and that is the aim of this article. I sense a dark cloud covering the blue with respect to what could really stand as a distinction between an affidavit and a statement on oath. F-G (CA), thus: “A witness’s statement on oath is in the nature of pleadings … ” ![]() Let me clear the cloud, the Court has in part explained the nature of a statement on oath in the case of Idris v. At this point, an atmosphere is created in which if not careful, one may interpret a statement on oath to be same as an affidavit in all branches, but it is not. On the other end, a statement on oath is a sworn declaration of facts by a witness on oath. It is a Court process in writing deposing to facts within the knowledge of the deponent …” MINISTRY OF COMMERCE & INDUSTRIES & ORS (2018) LPELR-CA/MK/29/2013, the Court while defining an affidavit had this to say: ” … An affidavit is a statement of fact which the deponent swears to be true to the best of his knowledge.
0 Comments
Leave a Reply.AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |