LEGAL PRINCIPLE: CIVIL PROCEDURE — Trial Procedure — Party Beginning Must Be Allowed to Conclude Evidence Before Issues of Fact Are Decided
PRINCIPLE STATEMENT
The proper course is to allow the plaintiff to call the whole of his evidence before deciding any issues of fact. The party beginning should be allowed to conclude his evidence. Once he has done so, it is open to the other party to submit no case to answer.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Alsthom S. A. & Anor v. Saraki (2005) NLC-1201996(SC) at p. 13; Paras B–C.
"The proper course would have been to allow the plaintiff to call the whole of his evidence before deciding any of the issues of fact … The party beginning should be allowed to conclude his evidence. Once he has done so, it is open to the other party to submit that there is no case for him to answer, in which case the Judge should decline to give ruling at that stage unless the party states that he does not intend, in any event, to call evidence."
EXPLANATION / SCOPE
A plaintiff must be allowed to present all evidence before the court rules on any issue of fact. Premature rulings on factual issues during the plaintiff’s case are improper. The principle applies to civil trial procedure. The rule ensures that the plaintiff’s full case is considered. A no-case submission is only proper after the plaintiff has closed his case. The court cannot decide factual disputes piecemeal.
