STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

APPEAL COURT IS IN A POSITION TO RE-APPRAISE EVIDENCE ON RECORD

Reach more audience. Place advert here.

I have gone through the evidence of the witnesses on record and the judgment of the trial Court and I am firmly of the view that there was no issue of the trial court’s assessment of the credibility of witnesses. The result is that this Court, like the court below, is in as good a position as the trial court to appraise or re-appraise the evidence on record to see if the concurrent findings of the two courts below are not perverse. With respect to the evidence itself, there is a lot of oral as well as documentary evidence. I am however of the view that the issues raised would be resolved mainly by the documentary evidence. I am guided in this view by the settled principle of law that oral evidence is only to be hangars on for documentary evidence.

— F.F. Tabai, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

Was this dictum helpful?

SHARE ON

evaluation

EVALUATION OF EVIDENCE IS PRIMARY FUNCTION OF TRIAL JUDGE

The evaluation and ascription of probative value are primary functions of the trial court who saw and watched the demeanour of the witnesses who testified at the trial. It is not proper for an appellate court to interfere where the trial court has properly discharged its functions in relation thereto. This appeal court will not interfere with findings of fact where there is sufficient evidence backed by the pleadings in support of such findings and where no substantial error is apparent on the record such as a miscarriage of justice or violation of some principle of law or procedure.

– Musdapher, JSC. Atta v. Ezeanah (2000)

Was this dictum helpful?

DUTY OF TRIAL COURTS IN EVALUATION OF EVIDENCE

“In carrying out the evaluation of evidence, a Court is not to merely review or restate the evidence, but it is expected to critically appraise it in the light of the facts in issue, what is relevant, admissible and what weight is to be attached. In other words, the evaluation of evidence is much more critical, crucial and tasking than a mere review of evidence. For unlike the review of evidence, its actual evaluation involves a reasonable belief of the evidence of one of the contending parties and disbelief of the other, or the reasoned preference of one version to the other. There must be an indication on the record of the Court to show how the trial Court arrived at its conclusion preferring one piece of evidence to the other. Thus, the act of reaching conclusions by drawing necessary inference is a product of a legal mind and not an indulgence in speculation – Aregbesola V Olagunsoye (2011) 9 NWLR (Pt. 1253) 458; Olonade V Sowemimo (2014) 9 SCM 106, 121, per MD Muhammad, JSC; Michael V Access Bank (2017) LPELR-41981(CA)13.”

— J.H. Sankey, JCA. Ibrahim Muli v Sali Akwai (2021) – CA/G/423/2019

Was this dictum helpful?

THE APPELLATE COURT IS IN A GOOD POSITION TO EVALUATE EVIDENCE AS THE TRIAL JUDGE

Indeed, if there is a complaint that a trial judge did not make findings based on the evidence placed before him, the appellate court is in as good position as the trial court to do its own evaluation of the evidence contained in the records of appeal. See: Narumai and Sons Nig. Ltd v. Niger Benue Transport Co Ltd (1989) 2 NWLR (Pt.106) 730. And where the appellate court finds that there are inadequacies on the part of the trial judge in reaching his decision or finding that is perverse, the appellate court has a duty to examine the inferences and conclusions drawn by the trial judge and then re-evaluate the evidence in order to come to its own judgment, to see that justice is done. See: Atolagbe v. Shorun (1985) 1 NWLR (Pt.2) 360; Eki v. Giwa (1977) 2 SC, 131; Lion Building Ltd v. Shadipe (1976) 12 SC 135.

— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010

Was this dictum helpful?

WHEN WEIGHT OF EVIDENCE IS ALLEGED, MEANING

In the case of AWUSA v. NIG. ARMY (2018) LPELR-44377 (SC) the Apex Court held that: “The position of the law is that when an Appellant alleges that a decision is against the weight of evidence, he means that when evidence he adduced is balanced against that of the Respondent. Judgment in the Respondent’s favour is against the weight that should have been given to the totality of the evidence adduced – See Akinlagun v. Oshoboja (2006) 12 NWLR (Pt. 993) 60 at 82 SC. The complaint is only concerned with appraisal and evaluation of all the evidence and not the weight to be attached to any particular piece of evidence…”

Was this dictum helpful?

CASES SHOULD BE EXAMINED ON MERIT

Every effort must painstakingly be made to do justice. A snappy short cut decision bereft of an examination of the merits of the case settles nothing.

– Gumel, JCA. Ehanire v. Erhunmwuse (2007)

Was this dictum helpful?

NOT THE DUTY OF APPEAL COURT TO RE-EVALUATE FACT

Generally, the duties of an appellate court does not involve re-evaluation of the evidence of witnesses. An appellate court may only interfere when the findings are perverse or wrong because of violation of some principles of law or procedure.

– Ogunwumiju JCA. NBC v. Olarewaju (2006) – CA/IL/43/2004

Was this dictum helpful?

No more related dictum to show.