CIVIL PROCEDURE — Evidence — Principle in Akinola v. Oluwo — Evidence Adduced by Plaintiff May Enure in Favour of Defendant
Ratio Decidendi
Per Tabai, JSC, in Kazeem v. Mosaku (2007) NLC-123-230-2001(SC) at pp. 19–20; Paras E–A:
"Evidence, though given by the Plaintiffs/Appellants, enured in favour of the Defendants/Respondent."
Explanation / Scope
Evidence once admitted belongs to the court and can be used by either party, regardless of who called the witness. If the plaintiff’s own evidence, under cross-examination or through his witnesses, weakens his case or strengthens the defendant’s position, the court is entitled to act on it. This principle prevents a party from selectively relying on evidence and ensures that the court has a complete picture of the facts. It applies particularly where the plaintiff’s evidence establishes a fact that supports the defendant’s pleaded case, such as the true identity of the land or the proper root of title.