In virtually all transactions, documents are relevant. Starting from sales transactions, simple contractual agreement, sale and purchase of land, memorandum of understanding, through to contract of employment, documentation is an issue that should not be toyed with.
There are exceptions of course. For instance, when you are buying some retail commodities like foodstuff, you don’t expect the transactions to be covered with documents.
However, for other products and transactions, the need for documentation cannot be overemphasized. Where proof of title, transaction, agreement, etc is required, tendering of document in respect of same is a valid evidential proof.
The Supreme Court, as per Ogbuagu JSC, held in the case of Sky Bank Plc. & Anor. V. Akinpelu (2010) thus: “It is now firmly settled that documentary evidence is the best evidence.”
Transactions reduced into writing are easier to enforce than parole transations/agreements. Unfortunately, many of us don’t take the issue of documentation seriously.
Receipt
It is common to see people walk into bookshops, supermarkets, business centres, etc to buy products without demanding for receipts. Little things, they say, matter. People who do this never realize the implication of their actions.
Other Documents
Equally crucial are documents other than receipts. There are many people who enter into transactions/agreements without taking time to study the documents covering the transactions/agreements. It is either they are cajoled to sign the documents under the pretext that “everything is okay” or they are so excited or hasty that they think it is not necessary to peruse the documents.
Contract of Employment
In times like these when jobs are hard to come by, many desperate unemployed people fall into the hand of unscrupulous employers whose terms of employment, work rules and what have you, are such that they make life unbearable for their employees, but to their own advantage.
Where the problem starts from is desperation on the part of the job seekers. Many of them are very desperate and are willing to do anything, so far they are being paid salary every month. They never take time to study the employer’s terms of employment.
So, once they are issued letter of offer of employment, out of jubilation, they take up the job. But no sooner had they started work than they desired to tender their resignation. And when they wanted to do so, the employer would remind them of the content of their terms of employment and why they cannot tender their resignation immediately.
For many others, since their earning is not enough for them to save out of it and fall back on it, they have no choice than to remain in their employment, despite the discomfort resulting from the employer’s oppressive terms of employment and work rules.
Financial Agreements
In transactions that require parting with your money, the fact is, you have to “shine your eyes.” (My apology to former NAFDAC boss, Dr. {Mrs.} Dora Akunyili, of blessed memory).
The fact is, the other party to the agreement may reduce into writing a term of agreement that may only favour him and which will be to your own detriment.
In transactions, including property transactions where you are required to make a down payment or deposit, it is important to find out whether the amount you are required to pay is refundable or non-refundable. You may think it is refundable while the reverse might be the case.
How to Benefit from Documentation
You can benefit from documentation by practicing the instructions below:
- When buying products ensure you demand for invoice/receipt
- When you enter into agreement, ensure the agreement is reduced into writing
- Don’t be cajoled to sign any document without first perusing it
- Don’t sign any document under duress and don’t allow any person to intimidate you into signing a document that you don’t understand. If they persist, tell them you cannot sign any document until you consult your lawyer.
- To be on a safer side, it is advisable that you consult your lawyer and seek his services before you enter into any transaction or sign any document
- If you consult your lawyer to draft a document for you, you have to peruse it also. And if there is any word, phrase or expression you don’t understand, you can ask him for explanation
- Don’t sign or act on any document prepared by a lawyer without first consulting your own lawyer for his perusal and legal advice
- When you are served any document from any court, ensure you take it to your lawyer so that he can offer you his professional legal advice
- Make sure you keep originals, counterparts, and/or copies of documents you sign. They may be valid evidence you will rely on in future when the need arises.
In conclusion, it is worth reiterating that documentation is a serious issue, as documents are the best evidence of facts contained therein. And finally, don’t hesitate to consult a lawyer in matters relating to documentation.
Consultation
If you have questions concerning the subject of documentation or any legal problem, contact us by using the form below:
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Phone: +2347061016859
Email: conqueror.adaji30@gmail.com
SUNDAY ADAJI CHAMBERS 