EVIDENCE LAW — Evaluation of Evidence — Traditional History in Land Matters — Court’s Duty to Weigh Competing Evidence
Ratio Decidendi
Per Tabai, JSC, in Wachukwu & Anor v. Owunwanne & Anor (2011) NLC-123-87-2001(SC) at p. 28; Paras A—C:
"In other words, the totality of the evidence should be considered in order to determine which has weight and which has no weight at all. Therefore in deciding whether a certain set of facts was given in evidence by one party in a civil case before a court in which both parties appear is preferable to another set of facts given in evidence by the other party, the trial judge, after a summary of all the facts, must put the two sets of facts on an imaginary scale, weigh one against the other, then decide upon the preponderance of credible evidence which weighs more, accept it in preference to the other, and then apply the appropriate law to it."
Explanation / Scope
This principle establishes that in land matters involving traditional history, the court must consider the totality of evidence, place competing sets of facts on an imaginary scale, weigh them, and decide based on the preponderance of credible evidence. The principle applies in land disputes. It ensures that all evidence is weighed. The principle reflects the imaginary scale approach. It prevents one-sided evaluation. The court must apply the appropriate law. The principle provides guidance on evaluating traditional history.