Questions for Examination in Chief of Witness.
Daily Law Tips (Tip 828) By Onyekachi Umah, Esq., LL.M, MCIArb(UK)
Witnesses in a trial are examined to enable them tell their factual stories, adopt their written witness statements on oath and have the veracity of their stories tested. This work highlights the types of examinations in trial courts and went on to give a full list of possible questions for an examination-in-chief. It shows questions, answers and directions for a lawyer (counsel) conducting an examination-in-chief to facilitate proper foundation for tendering documents in evidence.
Apart from a document-only trial (like Undefended List and Human Rights Enforcement proceedings) most trials require the examination of witnesses. There are 3 forms of examination: examination-in-chief, cross examination and then re-examination. Examination-in-Chief is the form of examination of witness, where the counsel for a witness, questions his witness to enable the witness give facts and tell his stories and tender necessary documents supporting the case. Cross Examination comes after an examination-in-Chief. In some cases, like arbitration references, examination-in-Chief may be dispensed with and the written witness statement on oath of a witness is deemed adopted. Generally, the Evidence Act guides examinations in court, but the Evidence Act does not apply to arbitration proceedings, Customary Courts, Court Martial and special Tribunals.
Below are the sequential questions, answers and directions for tendering documents in evidence for a successful Examination-in-Chief and ushering in a Cross-Examination in a court.
- PLEASE, WHAT IS YOUR NAME?
“Mr. Ahmed Okonkwo”
- WHAT IS YOUR OCCUPATION?
“I am a business man and owner of Safe Shelters Enterprises Limited.”
- WHAT TYPE OF BUSINESS?
“I am into real estate business, I manage client’s property for commission.”
- WHO IS THE PLAINTIFF TO YOU?
“The Plaintiff is my client, so I manage her property in Gidan Mai Gari, Apo Abuja. I am her authorized agent.”
- WHO IS THE DEFENDANT TO YOU?
“He is the man I rented the property of the Plaintiff to and still lives in it since June 2016 to date.”
- WHAT IS THE ADDRESS OF THE PROPERTY?
“It is No 10, Gidan Mai Gari, Apo, Abuja.”
- FOR HOW LONG HAVE YOU BEEN AGENT OF THE PLAINTIFF?
“I have been her agent since February 2015.”
- DO YOU HAVE AN AUTHORITY OR PROVE OF SUCH AGENCY?
”Yes, I have a letter of appointment.”
- WHERE IS THE ORIGINAL COPY OF THE LETTER?
“It is with you, my lawyers.”
- IF YOU SEE THAT LETTER HOW WILL YOU KNOW?
”I can see my name and my company name as well as the signature of my client.”
Lawyer: “My lord, I seek your leave to present the document to my witness to confirm.” [And after witness confirms the document, you now seek to tender it.]
- WHAT DO YOU WANT TO DO WITH IT?
“I wish to tender it as an evidence in this case.”
Lawyer: “My Lord, my witness seeks to tender the document as an evidence in this case.”
[Court will request that the document be shown to the opposing counsel and if no objection, same will be admitted as an exhibit and given an exhibit number.]
- WHEN DID YOU RENT THE PROPERTY TO THE DEFENDANT AND IS THERE ANY PROOF?
“I rent the property to the Defendant since 20th June 2016 and I issued him with my company’s receipt. Also I provided a tenancy agreement signed by both Plaintiff and Defendant and to which I signed as I witness.”
- HOW MUCH DID YOU RENT THE PROPERTY AND FOR HOW LONG?
“I rented it at N6,800,000.00 for a fixed term of 1 year from 20th June 2016 to 19 June 2017.”
- WHERE ARE THE ORIGINAL TENANCY AGREEMENT AND RECEIPT ISSUE TO THE DEFENDANT IN 2016.
“The Defendant has the original copies of the receipt I issued to him and also the tenancy agreement but I have photocopies of both the receipt and tenancy agreement.”
- IF YOU SEE THE COPIES OF TENANCY AGREEMENT AND RECEIPT HOW WILL YOU KNOW?
”I will identify them with my name, my signature and my company name.”
Lawyer: “My lord, I seek your leave to present the document to my witness to confirm. And after witness confirms the document, you now seek to tender it.”
- WHAT DO YOU WANT TO DO WITH IT?
“I wish to tender it as an evidence in this case.”
Lawyer: “My Lord, my witness seeks to tender the document as an evidence in this case.”
[Court will request that the document be shown to the opposing counsel and if no objection, same will be admitted as an exhibit and given an exhibit number.]
- SINCE THE FIXED TERM OF THE DEFENDANT EXPIRED ON 19 JUNE 2017, AS YOU SAID EARLIER, WHY IS HE STILL IN OCCUPATION.
“Well, he paid another N6,800,000 for a fixed term of 1 year from 20th June 2017 to 19th June 2018 and I issued him receipt.”
- WHERE IS THE ORIGINAL RECEIPT FOR 20THJUNE 2017 TO 19TH JUNE 2018?
“The Original Receipt is with the Defendant but I have the photocopy.”
- IF YOU SEE COPY OF THE RECEIPT FOR 20THJUNE 2017 TO 19TH JUNE 2018 HOW WILL YOU KNOW?
“It is in my company name and signature.”
Lawyer: “My lord, I seek your leave to present the document to my witness to confirm.”
[And after witness confirms the document, you now seek to tender it.]
- WHAT DO YOU WANT TO DO WITH IT?
“I wish to tender it as an evidence in this case.”
Lawyer: My Lord, my witness seeks to tender the document as an evidence in this case.
[Court will request that the document be shown to the opposing counsel and if no objection, same will be admitted as an exhibit and given an exhibit number.]
- SO, SINCE THE EXPIRATION OF THE TENANCY ON 19TH JUNE 2018, WHAT HAPPENED?
“The Defendant upon the expiration his fixed term of 1 year has refused to pay his rent or vacate the property since 20th June 2018 up till date and as such I personally served him with all necessary notices.”
- WHAT NECESSARY NOTICES DID YOU SERVE THE DEFENDANT?
“I personally served the Defendant with a “7 DAYS NOTICE TO QUIT on 13th November 2018 and a “7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES” on 29th November 2018.”
- HOW DID YOU SERVE THE DEFENDANT WITH THE NOTICES?
“I personally served the “7 DAYS NOTICE TO QUIT” on the Defendant himself on 13 November 2018. I served the “7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES” on the Defendant on 29th November 2018 by pasting same on the gate of the property since the gate was locked and no one opened it.”
- WHY DID YOU SERVE THE DEFENDANT WITH “7 DAYS NOTICE TO QUIT”?
“Well, I served Defendant with a “7 DAYS NOTICE TO QUIT” out of caution and compassion because by page 3 of his tenancy agreement and even the type of tenancy being for a 1 year fixed term he has he is not entitled to any Notice to Quit.”
- WHAT PROOF DO YOU HAVE THAT YOU SERVED “7 DAYS NOTICE TO QUIT” ON THE DEFENDANT.
“I have an acknowledgment copy of the “7 DAYS NOTICE TO QUIT” duly signed by the Defendant himself and dated 13 November 2018.”
- HOW WILL YOU IDENTIFY THE ACKNOWLEDGEMENT COPY OF THE “7 DAYS NOTICE TO QUIT”
“It is bears the name of the Defendant and the date of service.”
Lawyer: “My lord, I seek your leave to present the document to my witness to confirm.”
[And after witness confirms the document, you now seek to tender it.]
- WHAT DO YOU WANT TO DO WITH IT?
“I wish to tender it as an evidence in this case.”
Lawyer: “My Lord, my witness seeks to tender the document as an evidence in this case.”
[Court will request that the document be shown to the opposing counsel and if no objection, same will be admitted as an exhibit and given an exhibit number.]
- WHAT IS THE PROOF THAT “7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES” WAS SERVED ON THE DEFENDANT”.
“I served by pasting on the gate of the property and took photographs of it on 29 November, 2018 clearly showing the house gate and house number. Then, I deposed to an affidavit of service dated 25 February 2019 attaching the photographs and copy of document pasted.”
- HOW WILL YOU IDENTIFY THE AFFIDAVIT OF SERVICE OF 7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES”.
“It has my name, passport photograph and signature.”
Lawyer: “My lord, I seek your leave to present the document to my witness to confirm.”
[And after witness confirms the document, you now seek to tender it.]
- WHAT DO YOU WANT TO DO WITH IT?
“I wish to tender it as an evidence in this case.”
Lawyer: “My Lord, my witness seeks to tender the document as an evidence in this case.”
[Court will request that the document be shown to the opposing counsel and if no objection, same will be admitted as an exhibit and given an exhibit number.]
- WHAT HAVE YOU DONE SINCE AFTER SERVING ALL NOTICES ON THE DEFENDANT.
“I engaged the services of a lawyer and his firm to assist me recover the property from the Defendant.”
- WHO IS THE LAWYER AND WHAT IS THE PROOF OF ENGAGING HIM.
“I engaged Onyekachi Umah, Esq, signed an agreement with him and paid him legal fees of N3,400,528.”
- HOW WILL YOU IDENTIFY THE AGREEMENT BETWEEN YOU AND YOUR LAWYER.
“It has my name, signature and passport photograph as well as the name of my lawyer.”
Lawyer: “My lord, I seek your leave to present the document to my witness to confirm.”
[And after witness confirms the document, you now seek to tender it.]
- WHAT DO YOU WANT TO DO WITH IT?
“I wish to tender it as an evidence in this case.”
Lawyer: “My Lord, my witness seeks to tender the document as an evidence in this case.”
[Court will request that the document be shown to the opposing counsel and if no objection, same will be admitted as an exhibit and given an exhibit number.]
- YOU SAID YOU ENGAGED AND PAID A LAWYER, HOW MUCH DID YOU PAY?
“I paid my lawyer the sum of N3,400,528 cash to do this case.”
- DO YOU HAVE A PROOF OF THE N255, 528 CASH YOU PAID?
“Yes, I was issued with a receipt by my lawyer for the amount.”
- HOW WILL YOU IDENTIFY THE RECEIPT OF N255, 528 FROM YOUR LAWYER.
“It bears the name of the law firm, my name and signature as well as amount.”
Lawyer: “My lord, I seek your leave to present the document to my witness to confirm.”
[And after witness confirms the document, you now seek to tender it.]
- WHAT DO YOU WANT TO DO WITH IT?
“I wish to tender it as an evidence in this case.”
Lawyer: “My Lord, my witness seeks to tender the document as an evidence in this case.”
[Court will request that the document be shown to the opposing counsel and if no objection, same will be admitted as an exhibit and given an exhibit number.]
- WHAT DO YOU WANT THIS COURT TO DO FOR YOU?
“I want the court to assist me and recover the property and to grant all the prayers in the plaint.”
Lawyer: “My Lord, that’s all for Examination in Chief of the witness. Subject to the court’s convenience, the witness is ready to be cross-examined. Thank you.”
[At this point, the court will request the opposing lawyer to commence Cross-Examination of the witness]
END
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