LEGAL PRINCIPLE: EVIDENCE LAW – Witness testimony – Treatment of boundary men as ordinary witnesses
PRINCIPLE STATEMENT
Boundary men should be treated like any other witness called by a party. A trial court is free either to accept or reject the evidence of any witness provided there are sufficient reasons or good grounds for doing so.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ojobo v. Alam (1998) NLC-1101992(SC) at p. 7; Paras D–E.
"I think we should bear in mind that boundary men should just be treated like any other witness called by a party in a case. A trial court is usually free either to accept or reject the evidence of any witness provided there are sufficient reasons or good grounds for doing so."
EXPLANATION / SCOPE
Boundary men are not special witnesses. Their evidence is evaluated like any other. The principle applies to land disputes. The trial court has discretion to assess credibility. The rule promotes judicial discretion. The appellate court will defer unless the assessment is perverse. The principle is well-established.