How Evidence of Correspondence is Proved

Practice Note:

 

How Evidence of Correspondence is proved:

 

 SUIT NO. NICN/ABJ/144/2017 AYO OYARERO VS THE BRITISH HIGH COMMISSION

 

"However this email only shows what the 1st defendants officer Edward Nyong prepared for dissemination to the GPC holder and Approvers in Lagos and Abuja. There is no evidence that this email was ever sent out or received by any one, the law is clear on how the actual delivery of correspondence can be proved. See The law has been well established that in order to prove that a letter was actually delivered to the addressee there must be  proof of receipt and this can be established by (a) dispatch book indicating the receipt, or (b) evidence of dispatch by registered post or evidence of witnesses, credible enough that the person was served with the document. NLEWEDIM Vs. UDUMA [1995] 6 NWLR 309 at p394 para B. followed in AGBAJE Vs. FASHOLA [2008] 6 NWLR (Pt. 1082)1. With regards to email correspondence I find and hold that an acknowledgement email from any of the recipients or a reply from any of the addressees forwarding their team’s proposed and adopted strategies for internal control. Any such return email would suffice and satisfy this requirement. Especially as Exhibit D8 is bereft of any signature block which would display incode of the domain name, sever, subject contents and other characteristics of the mail and its being sent.

 
In the unreported case of SUIT NO: NICN/CA/17/2014MR. OBONA AKPAN OFEM Vs. LOCAL GOVERNMENT SERVICE COMMISSION & 3ORS delivered on the 31st May 2017, this court held in respect of documents lacking evidence of delivery or dispatch that “the said exhibit..... I find were not served on the claimant and as such are only evidence of documents prepared by the defendant  and have no nexus with the claimant despite they bear the claimant’s name. In the instant case I find that there is nothing on Exhibit D8 to indicate that this email was ever sent to the within named addressees or anyone afortori received by any one"