LEGAL PRINCIPLE: EVIDENCE LAW — Evaluation of Evidence — Primary Function of Trial Court Not to Be Disturbed on Appeal Absent Improper Evaluation
PRINCIPLE STATEMENT
Evaluation of evidence is primarily the function of the trial judge. Interference by an appellate court can only occur when the trial judge fails to evaluate evidence at all or fails to do so properly.
RATIO DECIDENDI (SOURCE)
Per Akintan, JSC, in Mainagge v. Gwamma (2004) NLC-191998(SC) at p. 12; Paras A–B.
"The law is settled that evaluation of evidence is primarily the function of the trial Judge. Interference by an appellate court could only occur when and where he fails to evaluate such evidence at all or he fails to do so properly. Where, therefore, the trial court has satisfactorily performed its primary function of evaluating the evidence and correctly ascribing probative value to it, an appellate court has no business interfering with its finding on such evidence."
EXPLANATION / SCOPE
Trial court evaluation is entitled to deference. The principle applies to all appeals. The appellate court will not re-evaluate evidence. The rule promotes finality. The appellant must show improper evaluation. The principle is fundamental.