Ratio Decidendi

Per Tabai, J.S.C., in Onyero & Anor v. Nwadike (2011) NLC-123-50-2004(SC) at p. 10; Paras B—D:

"It is trite law that where a trial court fails to properly evaluate evidence and make findings on matters on which the parties have joined issues, the appropriate order is that for retrial. This is particularly so where the evaluation would entail the court's assessment of the credibility of witnesses."
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Explanation / Scope

This principle establishes that where a trial court fails to properly evaluate evidence and make findings on joined issues, a retrial should be ordered, especially where credibility assessment is required. The principle applies where evaluation is defective. It ensures that justice is done. The principle reflects the circumstances for retrial. It prevents injustice from defective evaluation. The court must order retrial. The principle provides guidance on retrial.

Cases Applying This Principle

Egbulefu Onyero & Anor v. Augustine Nwadike