How to tender Documents through a Witness and from the Bar | AMAL Ep 8 | Nigerian Law
Vložit
- čas přidán 7. 03. 2022
- You asked, here's your answer. Do well to subscribe!
Don't forget to subscribe- / bartalkwithola
Mail me- Houseoflivingstones@gmail.com
Read my writings- omlivingstones.wordpress.com/...
Sign up for a paid legal consultation here - calendly.com/houseoflivingsto...
#documentaryevidence #evidence #lawyers #litigation #bartalkwithola
Thanks alot Ola , you really did justice to this topic. And congratulations on your reaching 1k+ subscribers... Wishing you the very best in your legal career and also on your CZcams channel. Toodles ✌😁😁😄
Thank you! Thank you! I'm glad for the feedback. And your 'toodles' has warmed my heart. 😀🤗
Good work. However, please note that whatever is contained in the adopted witness statement on oath cannot be deemed abandoned. A counsel need not take a witness through everything in the WSO save for the portion that contained the documents to be tendered. Cheers
Thank you for watching. Did I say otherwise in the video? 😳 Kindly point me where I did, thanks.
Thank you so much. This is really enlightening
You're welcome.
Thanks alot madam ola i really appreciate your teachings and i have learnt and apply the same in my academics
I'm happy to hear your feedback. You're welcome. 🤗
Thank you i have improved in this your lecture
And I'm happy to hear that. Thanks for watching! ❤️
Thank you immensely for your ceaseless efforts in advancing the frontiers of legal knowledge. My name is Bright Ben, a law graduate.
You're welcome to the channel Bright Ben, we've been expecting you! 😀
Thanks so much. I am an upcoming Christian film maker and my script brought me here for purpose of research. Thanks once again.
Wow! That's lovely ❤️. Well-done!
Thank you for the valuable information.
Thanks for watching.
My best CZcams channel. This is pure value.
🙌🙌🙌🙌🙌🙌 Love to hear it!
Thank you for this, currently on my court externship and this is what I witnessed almost throughout the week and you gave more insight on it. Kudos👍🏽
Aww!!! Glad to hear it!
Great job. On the issue of asking the witness question like "do you want to adopt your statement on oath on this matter"? Don't you think it is a leading question? Though, it may be inocouse, but the defence counsel could object to it.
I explained that in this video - czcams.com/video/U6WFIvS1nsE/video.html. Both parties can use that question and no reasonable party will object to it as the purpose of said statement on oath is not in contest. You can skip to the part on leading questions.
Thank you. Please in a tenancy matter where the letter of instruction was not made mention of how does one tender it as a document
How do you mean? Letter of instruction? Kindly clarify the question.
Thank you so very much
You're welcome.
Thank you ma'am 🤗
You're welcome! Thanks for watching.
Well done ma
Thank you sir!
Thank you Ma
Thanks for watching too!
Thanks a lot Ola, I just subcribed to your channel.
I need a practical video on how to amend a charge in a magistrates court.
Sec 313 (3) of ACJL Enugu State - "No formal application shall be required for the alteration or amendment of a charge before any court"
I still need to see how it's done.
Thank you once more.
This is what I was asked yesterday in my orals at law development centre in Uganda t
Thank you for the knowledge you share.
Where a Counsel wants to tender an undisputed photocopy from the bar, does he lay foundation through his witness?
Photocopy is not admissible except it is certified a true copy. Documents not admissible according to the evidence act do not become admissible simply because parties do not object.
If however it is ctced, yes, counsel lays witness through his witness. E.g is this a copy of the document you executed on so and so date? Where is the original of this document?
Thank you for this video. Well done.
You're welcome!
An intending divorce petitioner does not have the original or photocopy of her marriage certificate. She went to the church where she wedded to ask for a CTC, the wife of the pastor refused to give her. She asked her to go and collect it from her dead pastor husband in the grave. Meanwhile the original is with the respondent (the husband of the petitioner).Can the petitioner issue a notice to produce to the church or the husband?
Yes, but that would be flogging a dead horse. And by Nweke v the State, they're not under any obligation to produce it despite a notice. This is a common scenario where the above mentioned parties refuse to give the document or it's CTC. I often advice such a party to approach the court for a CTC. Court will never lose nor refuse to issue one. Marriage certificates are filled in triplicates and one is deposited at the marriage registry. A party can always get a CTC from the registry after making a written application and paying accruing fees. And it is not in all dissolution cases that a marriage certificate is crucial, especially where the existence of marriage between both parties, is not a bone of contention.
How to tell the court your case is for mention
After announcing appearance, you say, milord, our matter is slated for mention today. Simple. The court will confirm if other party is in court. The matter will be slated for ptc or if that's not applicable, the court will fix a date for hearing. Some courts will ask you to go on to trial if parties are ready.
Thank you for this vid. I'm a newbie on your Channel and I must commend the job you're doing here.
Having watched this video, I wish to be clarified thusly:
During Police investigation, who is supposed to make the compliance certificate of a document produced from the phone of a witness (for instance, Nominal Complainant/suspect) AND; how is the IPO going to tender same in court if there is no Certificate of Compliance attached to the electronic document?
The person from whom the documents originated, I've seen it made by the complainant and by the IPO as the case may warrant. For instance, in a robbery matter, photos of the jewelry stolen were Tendered and the complainant deposed to the certificate of compliance as to the production of the photos. In a civil trial, I had our office assistant depose to the certificate for printouts of email exchanges between our client and his former employer, since the client sent it to me for onward printing via email. In a forgery matter, it was deposed to by the DSS officer who recorded the interrogation video. So as the case may warrant.
Electronic evidence must be tendered alongside a certificate of compliance, please see KUBOR v DICKSON(2012), Dickson v Silva (2016).
This video is so impactful. Ur really doing a great job , am taking my time to watch all the videos on ur channel, it’s worth the time & the data. Thanks alot
Please in a situation where by you didn’t put the certificate of compliance according to section 84 that is usually attached to photographs or electronic generated evidence, can you seek the leave of the court to bring it in at trial?
You can file it as long as you haven't tendered the evidence it supports yet. If you have, too late. And you have to lead your witness in evidence on the requirements of s84 too.
S84, Evidence Act - czcams.com/video/w8HBPJ3sZ8Q/video.html
Ok thanks, so I don’t need a motion to file it, I can just file it straight from the registry & then bring it to the court notice of my intention to bring it into the court file? Or I just file it & let the registry put it in the file themselves?
& please as for the part you spoke about tendering photocopies of CTC, what about the photocopies made & attached to to the copies served on the opposite counsel? Is there need to certify every copies to be attached to the number of duplicates of the process?
@@maryjane-pl2ro your question isn't to clear, could you please clarify?
Going through this topic once again. Now if a lawyer acting as attorney in a matter appeared for as a witness, how would he give evidence or tender documents?
How do you mean a lawyer acting as an attorney? A lawyer is same as an attorney, a Barrister, an advocate etc etc. Kindly clarify further.
What I was trying to say is a lawyer who appeared as an attorney in a matter on behalf of his/her client. (One who is acting under a power of attorney, who appeared in a matter instead of the client appearing.
@@charleswilliames8012 a lawyer does not need power of attorney to appear in court on behalf of his client. He only needs clear instructions from his client as to legal representation. A lawyer can appear as counsel in a matter simply by virtue of being a lawyer.
Ola, you don't seem to understand me. For example if you as an attorney act as an agent in a Tenancy matter and you are the one as an attorney standing as a claimant on behalf of your client, how do you give evidence in court during 'examinations' in such a matter? .Do you as a lawyer conduct your examinations from the Bar or in witness box when adopting your statements?
@@charleswilliames8012 okay, in that case you should can use the landlord if available or his or her relative who is involved in the property management, a co-tenant, an associate at your firm who is conversant with the matter especially as regards all efforts to evict the tenant etc as your witness except the documents you want to tender are not disputed by the other party in which case you can tender them from the bar.
Thank you so much counsel.
Please can you instead of asking the witness to tell the court why he is in court, can you just say that, in paragraph so and so you made mention of a sale agreement.?
Yes, if the other counsel does not object to the leading nature of the question. You may also watch this. - czcams.com/video/U6WFIvS1nsE/video.html
Again please, how do you tender a document that is a judgement from a town traditional ruler or from a social club
That's a public document. Tender the original or lay foundation and tender the ctc. You may watch this czcams.com/video/07MGf0I7h6Y/video.html
I'm trying to land a position in a bigger firm. I've only really dealt with litigation.
Can you tell me the steps of purchasing a piece of property? From the vendor's and purchaser's side please?
From the initial step to the final stage?
Please watch these videos - czcams.com/video/0Xe41BzSvCA/video.html
czcams.com/video/XJVpJ2e9CzE/video.html. You may also reach out to my guest for further clarification as that his his specialty. I wish you the very best in your new endeavour.
@@BARTALKWITHOLA Thank you Ola.
Please how do you conduct a proceeding in a divorce matter.
Like this - czcams.com/video/7fULa-3Nvx/video.html
Does this procedure also apply to tendering a medical report as evidence?
Yes.
Pls ma, I have an issue,i filed some
Photographs, alongside my originating process, but the documents (photographs) where not pleaded in any paragraph of the witness deposition, but in a paragraph of the affidavit in support of our motion and the motion has been ruled upon in our favour.
What's the issue here please?
@@BARTALKWITHOLA My concern now is that, I mentioned about photographs in my affidavit in support of the motion, but didn't talk about it in my witness statement on oath, but still tendered it as part of the documents am to rely on at the trial.
@@mbabaukotije6738 can you file an amended witness statement on oath please? Because you can only lead evidence on facts pleaded in your witness statement on oath.