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CIRCUMSTANCES WHEN AN APPELLATE COURT WILL EMBARK ON A RE-EVALUATION OF EVIDENCE

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Dictum

Suffice to say that an appellate court will not embark on a re-evaluation of the evidence led by the parties in the trial simply because a party made an allegation of improper evaluation of evidence and formulated an issue for determination from the complaint. An appellate court will only do so where a party visibly demonstrates the perversity of the findings made by the trial court by showing that the trial court:
(a) made improper use of the opportunity it had of seeing and hearing the witnesses, or
(b) did not appraise the evidence and ascribe probative value to it, or
(c) drawn wrong conclusions from proved or accepted facts leading to a miscarriage of justice.

– M.L. Shuaibu, J.C.A. Dekan Nig. Ltd. v. Zenith Bank Plc – CA/C/12/2020

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CLAIMANT CAN RELY ON EVIDENCE OF THE DEFENDANT

The position of the law is that the Claimant is entitled to rely on the evidence put forward by the Defendant. See ODUTOLA V. SANYA (2008) ALL FWLR (PT. 400) 780 AT 793, PARAS. F – G (CA) where it was held that “… if the Defendant’s evidence supports that (the case) of the Plaintiff, he is entitled to rely on same to fortify his case. See Kodilinye v. Odu (1935) 2 WACA 336; Akinola v. Oluwo (1962) 1 All NLR 224″.

— E.N. Agbakoba, J. Igenoza v Unknown Defendant (2019) – NICN/ABJ/294/2014

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EVERY RELEVANT EVIDENCE IS ADMISSIBLE

Once a piece of evidence is relevant, it is admissible in evidence irrespective of how it was obtained.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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COURT WILL ACT ON UNCHALLENGED EVIDENCE

The law is well settled that where the evidence given by a party to any proceedings was not challenged by the opposite party who had the opportunity to do so, it is always open to the court seised of the case to act on such unchallenged evidence before it. See Isaac Omoregbe v. Daniel Lawani (1980) 3 – 4 SC 108 at 117, Odulaja v. Haddad (1973) 11 SC 357, Nigerian Maritime Services Ltd. v. Alhaji Bello Afolabi (1978) 2 SC 79 at 81, Abel Boshali v. Allied Commercial Exporters Ltd. (1961) 2 SCNLR 322, (1961) All NLR 917.

— Iguh, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995

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COURT CANNOT PICK BETWEEN TWO CONTRADICTING EVIDENCE

The law is trite that where there are material contradictions in the evidence adduced by a party, the court is enjoined to reject the entire evidence as it cannot pick and choose which of the conflicting versions to believe or follow. See Mogaji v. Cadbury (1985) 2 NWLR (Pt. 7) 393, Okezie Victor Ikpeazu v. Alex Otti & Ors (2016) LPELR-40055 (SC), (2016) 4 NWLR (Pt. 1513) 38; Doma v. INEC (2012) 13 NWLR (Pt. 1317) 297 at 322 – 323 paragraphs G-C, Muka v. The State (1976) 9 – 10 SC (Reprint) 193 at 205, Onubogu v. The State (1974) 9 SC 1 at 20, Salami v. Gbadoolu & Ors (1997) 4 NWLR (Pt. 499) 277.

— Okoro, JSC. Anyanwu v. PDP (2020) 3 NWLR (Pt. 1710) 134

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AN UNDATED DOCUMENT HAS NO EVIDENTIAL VALUE

Exhibit C3 is a letter to the Honorable Minister for Sports by Joe McCormack, Business Development Manager – Lagos of the defendant requesting an appointment with the Honourable Minister for 26th February 2013. It is not dated. An undated document has no evidential value. See Global Soaps & Detergent Ind. Ltd v. NAFDAC [2011] All FWLR (Pt. 599) 1025 at 1047 and Udo & ors v. Essien & ors [2014] LPELR-22684(CA). Accordingly, Exhibit C3 has no evidential value and so would be discountenanced for purposes of this judgment.

— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013

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NOT CHALLENGING REJECTION OF EVIDENCE

Akpasubi v. Umweni (1982) All N.L.R. 306 at 308 where the Supreme Court held that “It is elementary I think that once a trial court rejected the evidence of a witness and the Judge’s decision in regard thereto has not been challenged on appeal that is the end of that evidence for ever”.

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