LEGAL PRINCIPLE: CIVIL PROCEDURE – Visit to Locus in Quo – Discretion of Trial Judge
PRINCIPLE STATEMENT
Whether a trial judge will visit the locus in quo is a matter of discretion. The court should visit where there is a conflict of evidence as to the existence of something material and the visit would resolve the conflict or clear a doubt.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Nwankpu v. Ewulu (1995) NLC-761992(SC) at p. 29; Paras D--E.
"Whether a trial Judge will visit the locus in civil proceedings is a matter within his own discretion. ... It is the duty of a court to visit a locus in quo where there is conflict of evidence as to the existence or otherwise of something material to the case and such a visit would resolve the conflict in evidence or would clear a doubt as to the accuracy of any piece of evidence on the subject."
EXPLANATION / SCOPE
A visit to the locus in quo is discretionary, not mandatory. The court should exercise the discretion when there is a material conflict in evidence that a visit would resolve. The trial judge’s decision to visit or not will not be lightly interfered with on appeal. The principle applies to land disputes and other cases where physical inspection is helpful. The court may make observations and take notes. The visit is not a substitute for evidence. The judge must not conduct independent investigations. The rule promotes accurate fact-finding.