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ADMISSION OF FRESH EVIDENCE ON APPEAL MUST BE BY CAUTION

Dictum

The power to admit new, fresh or additional evidence must always be exercised sparingly and with caution. The Court must consider whether there are special circumstances to warrant the grant of the application and whether it would be in furtherance of the justice of the case. See: Uzodinma vs Izunaso (No.2) (2011) 17 NWLR (Pt. 1275) 30 @ 55 B-C.

— K.M.O. Kekere-Ekun, JSC. Williams v Adold/Stamm (2007) – SC.404/2013

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STATEMENT FROM THE BAR HAS NO FORCE OF LEGAL EVIDENCE

He failed to testify to utilise the opportunity. Rather, it was his Counsel who made bare statement from the Bar. That bare statement from the Bar has no force of legal evidence: ONU OBEKPA v. C.O.P. (1980) 1 NCR 113; NIGER CONST. LTD. v. OKUGBENI (1987) 4 NWLR (pt. 67) 787 at 792.

— E. Eko, JSC. Francis v. FRN (2020) – SC.810/2014

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CLAIMANT IS TO ADDUCE EVIDENCE THAT WILL SUSTAIN HIS CLAIM ONLY

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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MEANING OF JUDGEMENT AGAINST WEIGHT OF EVIDENCE

A castigation of a decision on the premise that a judgment is against the weight of evidence, invariably couched as an omnibus ground, connotes that the decision of the trial Court cannot be supported by the weight of evidence advanced by the successful party which the Court either wrongly accepted or that the inference it drew or conclusion it reached, based on the accepted evidence, is unjustifiable in law. Also, it implies that there is no evidence, which if accepted, will buttress the finding of the trial Court. Furthermore, it denotes that when the evidence adduced by the complaining appellant is weighed against that given by the respondent, the judgment rendered to the respondent is against the totality of the evidence placed before the trial Court. In ascertaining the weight of evidence, the trial Court is enjoined, by law, to consider whether the evidence is admissible, relevant, credible, conclusive or more probable than that given by the other party, see Mogaji v. Odofin (1978) 3 SC 91; Anyaoke v. Adi (1986) 2 NSCC, Vol. 17, 799 at 806/(1986) 3 NWLR (Pt. 31) 731; Nwokidu v. Okanu (supra) (2010)3 NWLR (Pt. 1181)362; Akinlagun v. Oshoboja (2006) 12 NWLR (Pt. 993) 60; Gov. Lagos State v. Adeyiga (2012) 5 NWLR (Pt. 1293) 291; Oyewole v. Akande (2009) 15 NWLR (Pt. 1163) 11; Agala v. Okusin (2010) 10 NWLR (Pt. 1202) 412.

— O.F. Ogbuinya, JCA. Impact Solutions v. International Breweries (2018) – CA/AK/122/2016

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WHEN TESTIMONY OF WITNESS IS EXAGGERATED

To my mind, when the testimony of a witness has reached or attained the height of insipid or impotent exaggerations it should be disregarded as mere petulance and treated with ignominy.

– Pats-Acholonu, JSC. C & C Constr. v. Okhai (2003) – SC.8/1999

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EVIDENCE ADMISSIBLE UNDER CERTAIN CONDITIONS vs EVIDENCE NOT ADMISSIBLE AT ALL

In Unity Life and Fire Insurance Company Ltd V. International Bank of West Africa (2001) LPELR-3412 (SC) (2001) NWLR (Pt 713) 610 this Court in restating the principle has held at pages 21 22; page 627 of the reports as follows: “A distinction must however, be drawn between where the evidence complained of is one which by law is prima facie admissible albeit under stipulated conditions as against where such evidence is by law inadmissible in any event and in all circumstances. In the latter class of cases, such evidence ought never to be acted upon by any Court of law whether, of first instance or of appeal, and it is immaterial that its admission in evidence was by the default or consent of the party complaining in failing to raise the necessary objection at the appropriate time. In other words, where the evidence complained of is by law inadmissible in any event and all circumstances, the evidence cannot be acted upon by any Court of law even if the party complaining failed to raise any objection or consented to the admission of such evidence in the proceeding. The appellate Court in such circumstance is duty bound to entertain a complaint on the admissibility of such evidence by the trial Court, reject it if it finds it absolutely inadmissible in any event and in all circumstances and decide the case on the legal evidence before the Court…”

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ORAL EVIDENCE IN EARLIER TRIAL NOT RELEVANT IN A LATER TRIAL

With due deference to the learned Senior Advocate of Nigeria, it is settled law that evidence of a witness taken in an earlier proceedings is not relevant in a later trial or proceeding except for the purpose of discrediting such a witness in cross examination and for that purpose only. – Sanusi JCA. Enejo v. Nasir (2006)

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