LEGAL PRINCIPLE: EVIDENCE LAW — Evaluation of Evidence — Failure to Evaluate Evidence — Effect
PRINCIPLE STATEMENT
Failure by a trial court to properly evaluate the evidence before it is a ground for appellate intervention.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ewuoso & Anor v. Fagbemi (2002) NLC-1731997(SC) at p. 9; Paras C–D.
"The court below also upheld a complaint of the plaintiffs that their claims for damages for trespass and injunctions were not considered by the trial Chief Judge. More importantly the plaintiffs complained before the court below, and that court upheld the complaint, that the trial Chief Judge did not properly evaluate the evidence before him."
EXPLANATION / SCOPE
A trial court must properly evaluate the evidence adduced. Failure to do so is a ground for appellate intervention. The appellate court may set aside the judgment or order a retrial. The principle ensures that decisions are based on a proper assessment of evidence. The trial court cannot ignore material evidence. The appellate court will examine whether the trial court performed its duty. The rule applies to both civil and criminal cases. The appellant must show that the failure affected the outcome. The court may order a retrial if necessary. The principle promotes thorough judicial reasoning.