It is now settled law, that it is the primary responsibility of the trial court which saw and heard witnesses to evaluate the evidence and pronounce on their credibility or probative value and not the appellate court which neither heard the witnesses nor saw them to observe their demeanors in the witness box. It follows therefore that when a trial court unquestionably evaluates the evidence and appraises the facts of a case, it is not the business of the appellate court to substitute its own views for the views of the trial court. – Musdapher JSC. Gbadamosi v. Dairo (2007)
CLAIMANT IS TO ADDUCE EVIDENCE THAT WILL SUSTAIN HIS CLAIM ONLY
A claim is circumscribed by the reliefs claimed; and the duty of a claimant, therefore, is to plead only such facts and materials as are necessary to sustain the reliefs and adduce evidence to prove same So held the Supreme Court in Gabriel Ativie v. Kabelmetal (Nig.) Ltd [2008] LPELR-591(SC); [2008] 10 NWLR (Pt. 1095) 399; [2008] 5 – 6 SC (Pt. II) 47. I already held that by Dmez Nig Ltd v. Nwakhaba & 3 ors, the claimants cannot succeed on the evidence of the defendants; they can only succeed on their own evidence, something that is just not sufficiently before the Court. This means that the declaratory reliefs in terms of reliefs (1) to (3) cannot be granted given the insufficient facts/evidence advanced by the claimants in proof of same. I so hold.
— B.B. Kanyip, J. Olatunji v UBER (2018) – NICN/LA/546/2017