Tuesday, 3 October 2017

ON DEMAND FOR CTC OF PUBLIC DOCUMENTS :

ON DEMAND FOR CTC OF PUBLIC DOCUMENTS : The Supreme Court in KASSIM v. STATE (2017) LPELR-42586 (SC) per KEKERE-EKUN, JSC observed thus: “Now, what really is the essence of the demand for a certified true copy of a public document? I think, and in agreement with ADEKEYE JSC, in GODWILL & TRUST INVESTMENT LIMITED v. WITT & BUSH LIMITED (2011) 8 NWRL, 500; (2011) LPELR-1333 (SC), the essence of demanding for a certified copy of a public document is the assurance of the authenticity of the document vis-à-vis the original. And so why go for that assurance in the certified true copy vis-à-vis the original, when the original is available? And so, when the cap is in the market, the head is also in the market; there is no further need to take the cap home from the market in order to test it on the head. I, therefore, agree with the court below that where the original copy of a document is available, it is admissible without the requirement of certification.”

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