CIVIL PROCEDURE — Evaluation of Evidence — Trial Court’s Duty — Perception and Evaluation
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Wachukwu & Anor v. Owunwanne & Anor (2011) NLC-123-87-2001(SC) at p. 31; Paras A—B:
"It is the duty of the trial court to receive in its records all relevant evidence. That is perception. The judge proceeds thereafter to weigh the evidence in the context of the surrounding circumstances of the case. That is evaluation. A finding of fact involves both perception and evaluation."
Explanation / Scope
This principle establishes that the trial court’s duty involves perception (receiving all relevant evidence) and evaluation (weighing evidence in context). A finding of fact involves both processes. The principle applies in all proceedings. It ensures that evidence is properly received and evaluated. The principle reflects the trial court’s role. It distinguishes perception from evaluation. The court must perform both duties. The principle provides guidance on evaluation of evidence.