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QUALITY OF EVIDENCE IS MORE RELEVANT THAN THE QUANTITY

Dictum

The first point that must be made is that a court of law needs not take into account the number of witnesses for each side to a dispute as a relevant factor in deciding which side to succeed. What is primarily relevant is the quality of the evidence adduced before the court. In this regard, Section 179(1) of the Evidence Act provides as follows:- “179(1) Except as provided in this section, no particular number of witnesses shall in any case be required for the proof of any fact.”

— Iguh, JSC. Oguonzee v State (1998) – SC.131/97

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CONSIDERATIONS AGAINST ADDUCING FRESH EVIDENCE AT APPELLATE COURT

Three prominent considerations tending to work against adducing fresh evidence at the appellate Court, when this Court exercises its power under Order 2, Rule 12 of the Rules of this Court in that regard, are –
i. Where issues are joined on pleadings at the trial Court no party shall be taken by surprise. Thus, the Appeal Court cannot consider the reception of new evidence without amendment of the pleadings. See ONIBUDO v. AKIBU (1982) 7 SC. 60; ADELEKE v. ASHERIFA (1990) 3 NWLR (Pt.136) 94 at 111; (1990) 21 NSCC 145 at 154.
ii. It is in the interest of public policy, particularly for the purpose of efficient and effective administration of justice, to obviate prolongation of litigation that the practice of adducing evidence, which ought to have been adduced at the trial Court, should not be postponed to after judgment: See ADELEKE v. ASHERIFA (supra).
iii. Appellate Courts generally exercise their jurisdiction to correct errors of law or fact made by the Courts below, after the latter’s consideration of the totality of evidential materials before them. Accordingly, the correctness of the decision of a trial Court or Judge should not be assessed or judged on the new evidence that the trial Court or judge never had an opportunity to consider: See ADELEKE v. ASHERIFA (supra). In other words the correctness or otherwise of the judgment of the trial Judge or Court should not be assessed on evidential materials he or it never had opportunity to consider.

– Ejembi, JSC. GTB v. Innoson (2017) – SC.694/2014(R)

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PARTIES BOUND BY PLEADINGS – EVIDENCE NOT PLEADED

It is elementary law that parties are bound by their pleadings and facts not pleaded will go to no issue. In other words, evidence on facts not pleaded will not avail the party relying on the evidence.

– Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)

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IN LAND CASES THE PLAINTIFF MUST SUCCEED ON ITS OWN CASE

In land cases that the plaintiff when claiming a declaration of title must succeed on the strength of his case. The onus lies on the plaintiff to satisfy the court that he is entitled on the evidence brought by him to the declaration of title claimed. The plaintiff must rely on the strength of his case and not on the weakness of the defendant’s case. If this onus is not discharged, the weakness of the defendant’s case may not generally help him and the proper judgment will be for the defendant. Where, however, the case of the defendant lends support to the case of the plaintiff, it is recognised that the court cannot ignore it in arriving at a conclusion as to which side to believe.

– Iguh, JSC. Clay v. Aina (1997)

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WHERE ORAL EVIDENCE IN PRIOR TRIAL MAY BE USED

Ariku v. Ajiwogbo (1962) All NLR (Pt. 4) 630, Ademola CJF (of blessed memory) delivering the judgment of the Supreme Court stated the law as follows:- “This court has frequently directed attention to the practice, now not uncommon of making use of evidence of a witness in another case as if it were evidence in the case on trial. As was pointed out in Alade v. Aborishade (1960) 5 FSC 167 at 171, this is only permissible under section 33 or 34 of the Evidence Act. Where a witness in a former case is giving evidence in a case in hand, his former evidence may be brought up in cross-examination to discredit him if he was lying, but evidence used for this purpose does not become evidence in the case in hand for any other purpose. There are also prerequisites to the making use of the former testimony of a witness; for example his attention must be called to the former case where such evidence was given and he would be reminded of what he had said on the occasion.”

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COURT TO DECIDE CASE ONLY ON LEGALLY ADMISSIBLE EVIDENCE

Thus where a court wrongfully admits inadmissible evidence, it ought as a duty, to disregard the inadmissible evidence in the consideration of the judgment in the matter. Where such evidence has been wrongfully admitted and acted upon and whether or not the opposing party objects or not, an appellate court has the duty to exclude such evidence and decide the case only on the legally admissible evidence, see Timitimi v Amabebe (1953) 14 WACA 374; Ajayi v Fisher (1956) 1 FSC 90, (1956) SC NLR 279.

— Musdapher, JSC. Shittu & Ors. v Fashawe [2005] – SC 21/2001

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EVERY RELEVANT EVIDENCE IS ADMISSIBLE

Once a piece of evidence is relevant, it is admissible in evidence irrespective of how it was obtained.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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