STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

THE COURTS LEAN AGAINST CALLING FRESH EVIDENCE ON APPEAL

Reach more audience. Place advert here.

Before concluding on the said prayer 7 it is helpful to call to mind the observations of Oputa JSC in Obasi v. Onwuka (1987) 3 NWLR (Pt. 61 ) 364, 372 in an application to call additional evidence on appeal: “To talk therefore of assessing the rightness or wrongness of the trial court’s verdict today by evidence that will be given tomorrow is to talk in blank prose. This is the reason why appellate courts are very reluctant to admit “fresh evidence”, “new evidence” or “additional evidence” on appeal except in circumstances where the matter arose ex improviso which no human ingenuity could foresee and it is in the interest of justice that evidence of that fact be led:- R v. Dora Harris (1927) 28 Cox 432. But by and large, at least in criminal cases (and the principle should also be the same in civil cases), the courts lean against hearing fresh evidence on appeal.”

— Oguntade, JSC. UBA v BTL (SC. 301/2003, 15 April 2005)

Was this dictum helpful?

SHARE ON

evidence

EVIDENCE BY WITNESS IN PREVIOUS PROCEEDINGS CANNOT BE USED IN LATER PROCEEDING

It is settled law that evidence given in a previous case cannot be accepted as evidence in a subsequent proceedings except in conditions where the provisions of section 34(1) of the Evidence Act applies. Even where a witness who testified in a previous proceeding testifies again in a subsequent proceeding, the previous evidence has no greater value than its use in cross-examination of the witness as to his credit. Romaine v. Romaine (1972) 4 NWLR (Part 238) 650 at 669; Ayinde v. Salawu (1989) 3 NWLR (Part 109) 297 at 315; Alade v. Aborishade (1960) 5 FSC 167; Irenye v. Opune (1985) 2 NWLR (Part 5) 1 at 6-8 Sanyaolu v. Coker (1983) 1 SCNLR 168.

— F.F. Tabai JSC. Tijani Dada v Jacob Bankole (2008) – S.C. 40/2003

Was this dictum helpful?

TESTIFY: ANY OFFICIAL CAN TESTIFY FOR A COMPANY

It is not necessary that it is only that person who carried out the function on behalf of the company that must testify. Not at all, as any official of the company well equipped with the transaction and or related documents would suffice to testify. – Peter-Odili JSC. Chemiron v. Stabilini (2018)

Was this dictum helpful?

EXTRINSIC EVIDENCE CANNOT VARY WRITTEN TERMS

The general rule is that where the parties have embodied the terms of their agreement or contract in a written document as it was done in this case, extrinsic evidence is not admissible to add to, vary, subtract from or contradict the terms of the written instrument: See Mrs. O, D. Layode v Panalpina World Transport NY Ltd (1996) 6 NWLR (pt 456) 544, Glaloye v Balogun (1990) 5 NWLR (pt 148), Union Bank of Nigeria Ltd v Ozigi (1994) 3 NWLR (pt 333) 385.

— J.I. Okoro JSC. B.O. Lewis v. United Bank for Africa Plc. (SC.143/2006, 14 January 2016)

Was this dictum helpful?

NO MATTER HOW BRILLIANT COUNSEL SUBMISSION IS, IT CANNOT TAKE THE PLACE OF EVIDENCE

The argument of the claimants that to adopt UTAS will promote inefficiency and discrimination in the public service of Nigeria has not been shown by any evidence other than the submission of the learned senior counsel to the claimants. No matter how brilliantly crafted an address of counsel is, it neither constitutes, nor can it take the place of evidence. See APC v. Sheriff & ors [2023] LPELR-59953(SC). And a a bare statement from the Bar by a counsel has no force of legal evidence. See Maduabuchi Onwuta v. The State of Lagos [2022] LPELR-57962(SC).

— B.B. Kanyip, J. FG v. ASUU (2023) – NICN/ABJ/270/2022

Was this dictum helpful?

MEANING OF JUDGEMENT AGAINST WEIGHT OF EVIDENCE

A castigation of a decision on the premise that a judgment is against the weight of evidence, invariably couched as an omnibus ground, connotes that the decision of the trial Court cannot be supported by the weight of evidence advanced by the successful party which the Court either wrongly accepted or that the inference it drew or conclusion it reached, based on the accepted evidence, is unjustifiable in law. Also, it implies that there is no evidence, which if accepted, will buttress the finding of the trial Court. Furthermore, it denotes that when the evidence adduced by the complaining appellant is weighed against that given by the respondent, the judgment rendered to the respondent is against the totality of the evidence placed before the trial Court. In ascertaining the weight of evidence, the trial Court is enjoined, by law, to consider whether the evidence is admissible, relevant, credible, conclusive or more probable than that given by the other party, see Mogaji v. Odofin (1978) 3 SC 91; Anyaoke v. Adi (1986) 2 NSCC, Vol. 17, 799 at 806/(1986) 3 NWLR (Pt. 31) 731; Nwokidu v. Okanu (supra) (2010)3 NWLR (Pt. 1181)362; Akinlagun v. Oshoboja (2006) 12 NWLR (Pt. 993) 60; Gov. Lagos State v. Adeyiga (2012) 5 NWLR (Pt. 1293) 291; Oyewole v. Akande (2009) 15 NWLR (Pt. 1163) 11; Agala v. Okusin (2010) 10 NWLR (Pt. 1202) 412.

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

Was this dictum helpful?

RESPONSIBILITY OF TRIAL COURT TO EVALUATE EVIDENCE

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)

Was this dictum helpful?

No more related dictum to show.