PLAINTIFF MUST RELY ON THE STRENGTH OF HIS CASE

In Ngene v. Igbo (2000) 4 NWLR (Pt. 651) 131 at 142, this Court, per Ogundare, JSC said: “A long line of cases beginning with Kodilinye v. Mbanefo Odu (1935) 2 W.A.C.A. 336 has laid it down that in a claim for declaration of title the onus is on the plaintiff to prove his case. He must rely on the strength of his own case and not on the weakness of the defence – Jules v. Ajani (1980) 5/7 SC 96 except of course where the weakness of the defendant’s case tends to strengthen plaintiff’s case – Nwagbogu v. Ibeziako (1972) Vol. 2 (Pt.1) ECSLR 335, 338 SC or where the defendant’s case supports his case – Akinola v. Oluwo (1962) 1 SCNLR 352 (1962) 1 All NLR 224 (1962) (Pt. 1) All NLR 225 all of which is not the case here.”

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COURT BE CAREFUL IN ACCEPTING DELAYED EVIDENCE

Witnesses have the duty to tell the police as much as they know of a crime at the earliest opportunity in order to be seen as witnesses of truth and a Court of law must be careful in accepting delayed evidence when no satisfactory explanation is given.

– Ogunwumiju JCA. Okeke v. State (2016)

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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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AVERMENTS IN PLEADINGS VERSUS AVERMENTS IN AFFIDAVIT; ADDRESS OF COUNSEL NOT EVIDENCE

Averments of facts in pleadings must however be distinguished from facts deposed to in an affidavit in support of an application before a court. Whereas the former, unless admitted, constitute no evidence, the latter are by law evidence upon which a court of law may in appropriate cases act. The Court of Appeal, if I may say with the utmost respect, appeared to be under the erroneous impression that an averment in pleadings is synonymous with a deposition in an affidavit in support of an application. This is clearly not the case. So too, an address of Counsel in moving an application is not the evidence in support of such an application. The evidence is the deposition contained in the affidavit in support thereof.

— Iguh JSC. Magnusson v. Koiki (1993) – SC.119/1991

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RELEVANCY, ADMISSIBILITY, AND WEIGHT ARE IN SEPARATE DEPARTMENT IN THE LAW OF EVIDENCE

In the Law of Evidence, Relevancy, Admissibility of evidence, and weight to be attached to evidence, all these are each in a separate department. What value or weight to be attached to a piece of evidence, once it is admitted as evidence, is for the Jury, the judges of facts. And here in Nigeria, the trial judges sit in a dual capacity, qua Judges of law in matters of law and qua jury in matters of fact In my view, with due respect to the counsel, his criticism of the Tribunal is unwarrantable and so unjustified. It was for the Tribunal to accept or not to accept the evidence by the p.w.5. It was for it as well to ascribe weight or no weight to the exhibits. To be in the best position to reach a conclusion on the testimony of the p.w. 5 and the value to attach to the exhibits it adopted, in my view, the proper and right approach to reach its conclusion.

— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99

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COURT MAY RELY ON EVIDENCE UNCHALLENGED

It is trite that where evidence tendered by a party to any proceedings was not challenged or put in issue by the other party who had the opportunity to do so, it is always open to the court seised of the matter to act on such unchallenged evidence before it. See Isaac Omoregbe V Daniel Lawani (1980) 3-4 S.C. 108 at 117; Odulaja V Haddad (1973) 11 S.C. 357; Nigerian Maritime Services Ltd. V Alhaji Bello Afolabi (1978) 2 S.C. 79 at 81; Adel Boshali V Allied Commercial Exporters Ltd. (1961) All NLR 917; (1961) 2 SCNLR 322.

— Iguh, JSC. Yesufu v. Kupper Intl. (1996) – SC.302/1989

NOT CHALLENGING REJECTION OF EVIDENCE

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PLAINTIFF MUST RELY ON THE STRENGTH OF HIS CASE

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COURT BE CAREFUL IN ACCEPTING DELAYED EVIDENCE

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ORAL EVIDENCE IN EARLIER TRIAL NOT RELEVANT IN A LATER TRIAL

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AVERMENTS IN PLEADINGS VERSUS AVERMENTS IN AFFIDAVIT; ADDRESS OF COUNSEL NOT EVIDENCE

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RELEVANCY, ADMISSIBILITY, AND WEIGHT ARE IN SEPARATE DEPARTMENT IN THE LAW OF EVIDENCE

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COURT MAY RELY ON EVIDENCE UNCHALLENGED

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