EVIDENCE LAW — Evaluation of Evidence — Ascription of Probative Value — Primary Duty of Trial Court
Ratio Decidendi
Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at p. 16; Paras E—A:
"Civil cases are decided on preponderance of evidence and balance of probabilities. It is pre-eminently the primary duty of the trial Judge who had the opportunity of seeing, hearing and assessing the witnesses to evaluate the evidence and ascribe probative values to such evidence. In the process of the trial, the exclusive role of the trial Judge is to watch the mannerism, habits and idiosyncrasies of the witness."
Explanation / Scope
This principle establishes that the trial judge, having seen and heard the witnesses, has the primary duty to evaluate evidence and ascribe probative value, watching their mannerisms and idiosyncrasies. The principle applies in all civil proceedings. It ensures that evidence is properly evaluated. The principle reflects the trial court’s advantage. It prevents appellate interference. The court must perform this duty. The principle provides guidance on evaluation of evidence.