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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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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JUDGE MUST EVALUATE THE EVIDENCE

The justice of a case and statutory requirements will not be met if the trial Court considers only one side of a case. Adequate consideration must be given to both sides. In discharging this duty, the Judge must evaluate all the evidence. It is not the justice of a case if the Judge, without evaluating the evidence, holds that he believes one side and disbelieves the other. Only an evaluation of the evidence will logically lead to his reasons for believing or disbelieving. However, Judges differ in style. Nevertheless, whichever style a Judge uses or adopts, the important thing is that he considers all the evidence before him by evaluation before arriving at his conclusion which is the finding.

– Sankey JCA. Abdul v. State (2021)

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EVIDENCE IN EARLIER PROCEEDING NOT RELEVANT IN LATER TRIAL

Now it is settled law that the evidence of a witness taken in an earlier proceeding is not relevant in a later trial. except for the purpose of discrediting such a witness in cross-examination and for that purpose only.

– Kawu, JSC. Ogunnaike v. Ojayemi (1987)

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CLAIMANT MUST RELY ON THE STRENGTH OF HIS OWN CASE AND SUPPORT FROM EVIDENCE OF DEFENDANT

I bear in mind the well-established principle of law that in every civil action in which a declaration is sought from the Court, a claimant who seeks the declaratory relief must succeed on the strength of his own case as made out creditably in the evidence put forward by him in support of his case and not to merely rely on the weakness or even absence of the Defendant’s case. However, where the evidence of the Defendant supports the case of the claimant, he is perfectly entitled to rely on such evidence. See Nsirim v Nsirim (2002) FWLR (pt. 96) 433 @ p. 441.

— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014

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EVALUATION OF EVIDENCE ENTAILS

In the case of Lafia Local Government –V- Executive Governor Nasarawa State & Ors (2012) LPELR – 2060, OLABODE RHODES VIVOUR, JSC at page 23 paras, E-F said: “Evaluation of evidence entails the trial judge examining all evidence before him before making his findings. This is done by putting all the evidence on an imaginary scale to see which side appears outweighs the other.”

IN LAND CASES THE PLAINTIFF MUST SUCCEED ON ITS OWN CASE

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CLAIMANT CAN RELY ON EVIDENCE OF THE DEFENDANT

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STATEMENT FROM THE BAR HAS NO FORCE OF LEGAL EVIDENCE

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JUDGE MUST EVALUATE THE EVIDENCE

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EVIDENCE IN EARLIER PROCEEDING NOT RELEVANT IN LATER TRIAL

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CLAIMANT MUST RELY ON THE STRENGTH OF HIS OWN CASE AND SUPPORT FROM EVIDENCE OF DEFENDANT

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EVALUATION OF EVIDENCE ENTAILS

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