CIVIL PROCEDURE — Decision of Court — Must Be Supported by Evidence — Misdirection to Give Judgment Without Evidence
Ratio Decidendi
Per Onnoghen, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at p. 12; Paras A—B:
"It is settled law that a decision of the court must be supported by evidence and that it is misdirection for a court to give judgment on an issue on which there is no evidence at all, as in the instant case."
Explanation / Scope
This principle establishes that a court’s decision must be supported by evidence, and it is a misdirection for a court to give judgment on an issue without any evidence. The principle applies in all proceedings. It ensures that decisions are grounded in evidence. The principle reflects the requirement for evidentiary support. It prevents judgments based on conjecture. The court must require evidence. The principle provides guidance on the necessity of evidence for decisions.