EVIDENCE LAW — Evaluation of Evidence — Duty of Trial Court — Putting Evidence on Imaginary Scale
Ratio Decidendi
Per Onnoghen, JSC, in Ayuya & Ors v. Yonrin & Ors (2011) NLC-123-24-2002(SC) at p. 17; Paras A—C:
"It is settled law that it is the primary duty of the trial court to evaluate the evidence produced by the contending parties in support of their contentions before arriving at its decision one way or the other. It does so by putting the totality of the acceptable testimony adduced by both parties on an imaginary scale with the evidence of the plaintiff on one side while that of the defendant is put on the other side. The court then weighs them together to see which is heavier, not by the number of witnesses called by each party but by the quality or probative value of the testimony of those witnesses."
Explanation / Scope
This principle establishes that the trial court’s primary duty is to evaluate evidence by placing the totality of both parties’ evidence on an imaginary scale and weighing them by quality or probative value, not by the number of witnesses. The principle applies in all civil proceedings. It ensures that evidence is properly evaluated. The principle reflects the imaginary scale approach. It prevents decisions based on witness numbers. The court must weigh the evidence. The principle provides guidance on evaluation of evidence.