CIVIL PROCEDURE — Evaluation of Evidence — Putting Both Versions on Imaginary Scale
Ratio Decidendi
Per Fabiyi, JSC, in Ibekwe v. Nwosu (2011) NLC-123-108-2006(SC) at p. 7; Paras C—D:
"The two courts below properly considered the evidence adduced by both sides and put both versions on an imaginary scale as dictated by the decision in Mogaji v. Odofin (supra) at page 93."
Explanation / Scope
This principle establishes that in evaluating evidence, the court should consider the evidence adduced by both sides and weigh them on an imaginary scale. The principle applies in all civil proceedings. It ensures that both parties’ evidence is considered. The principle reflects the Mogaji v. Odofin principle. It prevents one-sided evaluation. The court must weigh both versions. The principle provides guidance on evaluation of evidence.