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IT IS THE PRIMARY DUTY OF THE TRIAL COURT TO EVALUATE EVIDENCE

Dictum

There is no doubt that the evaluation of evidence and ascription of probative value thereto are the primary duties of the trial court, which had the singular opportunity of seeing and hearing the witnesses testify and an appellate court would ordinarily not interfere. It is also trite that this court will not interfere with concurrent findings of fact by two lower courts, unless it is shown that the findings are perverse, or not based on a proper and dispassionate appraisal of the evidence, or that there is an error, either of law or fact, which has occasioned a miscarriage of justice. See Ogoala v. The State (1991) 2 NWLR (Pt. 175) 509, (1991) 3 SCNJ 61; Saleh v. BON Ltd (2006) 6 NWLR (Pt. 976) 316 at 329 – 330 – C; Agbaje v. Fashola (2008) All FWLR (Pt. 443) 1302, (2008) 6 NWLR (Pt. 1082) 90 at 153- E.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

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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

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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)

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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

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EVALUATION AND PERCEPTION OF EVIDENCE

In carrying out its sacrosanct function of evaluation of evidence, the trial judge begins by receiving into its record all relevant evidence on the case or the fact in issue, and this is perception of evidence. He then proceeds to weigh the evidence in the light of the surrounding circumstances; this is evaluation of evidence. The findings of fact by a trial Court involves both perception and evaluation. See ONI vs. JOHNSON (2015) LPELR (24545) 1 at 35-38.

— A.A. Wambai, JCA. Aliyu v. Bulaki (2019) – CA/S/36/2018

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EVALUATION OF EVIDENCE REMAINS EXCLUSIVE PRESERVE OF TRIAL COURT

The settled principle of law is that it is the trial court which alone has the primary function of fully considering the totality of evidence placed before it, ascribe probative value to it. Put same on the imaginary scale of justice to determine the party in whose favour the balance tilts, make the necessary findings of facts flowing therefrom, apply the relevant law to the findings and come to the logical conclusion. The evaluation of evidence remains the exclusive preserve of the trial Court because of the its singular opportunity of hearing and watching the demeanour of witnesses as they testify and thus the court best suited to assess their credibility of a witness an appellate court would not ordinarily interfere.

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

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COURT OF APPEAL CAN EVALUATE DOCUMENTARY EVIDENCE

By way of prefatory remarks, I must place on record, that documentary evidence form the corpus and integral part of the case. Interestingly, the law, in order to remedy and expel injustice from proceedings, donates concurrent jurisdiction to this Court and the lower Court in evaluation of documentary evidence, see Gonzee (Nig.) Ltd. v. NERDC (2005) 13 NWLR (Pt. 943) 634; Olagunju v. Adesoye(2009) 9 NWLR (Pt. 1146) 225; Ayuya v. Yonrin (2011) 10 NWLR (Pt. 1254) 135; Eyiboh v. Abia (2012) 16 NWLR (Pt. 1325) 51; Odutola v. Mabogunje (2013) 7 NWLR (Pt. 1354); CPC v. Ombugadu (2013) 18 NWLR (Pt. 1385) 66; UTC (Nig) Plc v. Lawal (2014) 5 NWLR (Pt. 1400) 221; Ogundalu v. Macjob (2015) 8 NWLR (Pt. 1460) 96; Onwuzuruike v. Edoziem (2016) 6 NWLR (Pt. 1508) 215; Ezechukwu v. Onwuka (2016) 5 NWLR (Pt. 1506) 529; C.K. & W.M.C. Ltd. v. Akingbade (2016) 14 NWLR (Pt. 1533) 487.

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

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