LEGAL PRINCIPLE: CIVIL PROCEDURE — Originating Summons — Affidavit Evidence — Court Cannot Grant Reliefs Predicated on Facts Without Evidence
PRINCIPLE STATEMENT
No reasonable court will grant a relief predicated on the existence of facts without having those facts put before it, whether the proceedings were commenced by originating summons or otherwise.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Keyamo v. House of Assembly, Lagos State & Ors (2002) NLC-122002(SC) at p. 3; Para E.
"No reasonable court will grant a relief predicated on the existence of facts without having the facts put before it, it does not matter whether the proceedings were commenced by originating summons or otherwise."
EXPLANATION / SCOPE
A court cannot grant relief based on alleged facts without evidence. This applies to all proceedings, including originating summons. The principle is fundamental to judicial decision-making. The party asserting facts must prove them. The court cannot assume facts. The rule applies to both written and oral evidence. The court will not act on unsubstantiated assertions. The principle protects the opposing party. The judge must base decisions on evidence, not speculation. The rule applies to all courts. The appellate court will set aside decisions based on unproven facts. The principle ensures that judgments are grounded in evidence.