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CIRCUMSTANCES THAT COULD WARRANT VISITING LOCUS IN QUO

Dictum

Circumstances that could warrant such a visit include the following: where there is a conflict of evidence as to the existence or otherwise of something material to the case and such a visit would resolve the conflict in evidence or would clear a doubt as to the accuracy of any piece of evidence on the subject, Seismograph Service (Nigeria) Ltd. v. Akporuovo [1974] 6 SC 119, 128; Seismograph Service (Nigeria) Ltd. v.Ogbeni [1976]4 SCNLR 5, 104 -105; Ipinlaiye ll V Olukotun [1996]6 NWLR (pt. 453) 148; Atumeyi v. Achimugu (1980) NMLR 90, 92.

– Nweze JSC. Abdullahi v. Adetutu (2019)

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TRIAL JUDGE DISCRETION FOR LOCUS IN QUO; LOCUS IN QUO

It is clearly at the discretion of the trial Judge to determine whether in the light of the evidence before him, there is need to resolve, by a visit to the locus in quo, the conflict of evidence or clear a doubt as to the accuracy of a piece of evidence when there is such conflict of evidence.

– Nweze JSC. Abdullahi v. Adetutu (2019)

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