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CLAIMANT IS TO ADDUCE EVIDENCE THAT WILL SUSTAIN HIS CLAIM ONLY

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A claim is circumscribed by the reliefs claimed; and the duty of a claimant, therefore, is to plead only such facts and materials as are necessary to sustain the reliefs and adduce evidence to prove same So held the Supreme Court in Gabriel Ativie v. Kabelmetal (Nig.) Ltd [2008] LPELR-591(SC); [2008] 10 NWLR (Pt. 1095) 399; [2008] 5 – 6 SC (Pt. II) 47. I already held that by Dmez Nig Ltd v. Nwakhaba & 3 ors, the claimants cannot succeed on the evidence of the defendants; they can only succeed on their own evidence, something that is just not sufficiently before the Court. This means that the declaratory reliefs in terms of reliefs (1) to (3) cannot be granted given the insufficient facts/evidence advanced by the claimants in proof of same. I so hold.

— B.B. Kanyip, J. Olatunji v UBER (2018) – NICN/LA/546/2017

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EXTRINSIC EVIDENCE NOT ALLOWED TO VARY WRITTEN CONTRACT

The Supreme Court has held in Layade v. Panalpina (1996) 6 NWLR (Pt. 456) 544 at 558; (1996) 7 SCNJ 1 at 14-15 per Adio. J.S.C., as follows and I quote; ”The general rule is that where parties have embodied the terms of their agreement or contract in a written document, as it was done...

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WITNESS EVIDENCE IN PREVIOUS PROCEEDINGS

It is wrong and improper to treat the evidence given by a witness in a previous proceeding as one of truth in a subsequent or later proceeding, in which he has not given evidence. See Obawole & Anor. v. Coker (1994) 5 NWLR 416, Alade v. Aborishade (supra); Enang & Anor. V. Ukanem & Ors....

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EVALUATION OF EVIDENCE; INTERFERENCE BY APPELLATE COURT

It has long been established that the function of the evaluation of evidence is essentially that of the trial Court, Igago v State (1999) LPELR – 1442 (SC) 27; Onuoha V. The State [1998] 5 NWLR (pt. 548) 118. Where the trial Court has unquestionably, evaluated evidence and, justifiably, appraised the facts, it is not...

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AFFIDAVIT EVIDENCE CONSTITUTES EVIDENCE

It is already a settled law that an affidavit evidence constitutes evidence and must be so construed, hence, any deposition therein which is not challenged or controverted is deemed admitted. – O. Ariwoola, JSC. Tukur v. Uba (2012) – SC.390/2011 Was this dictum helpful? Yes 0 No 0...

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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...

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TAKING EVIDENCE BY HIGH COURT INSTEAD OF MAGISTRATE COURT

It seems to me that if under the provisions of Order 23, rule 54 of the High Court Rules of Anambra State, 1988 a Magistrate or any officer of the court is permitted to take the evidence of a witness by way of commission, it cannot, with respect, be right to suggest that a High...

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