Legal Principles – Nigerian LawCompass

Civil Procedure Important

CIVIL PROCEDURE – Evaluation of Evidence – Duty of Trial Court – Necessity to Consider Totality of Evidence

"It cannot be over-emphasised that the evaluation of relevant and material evidence before the court and the ascription of probative value to such evidence are the primary functions of the...

Appellate Practice Important

APPELLATE PRACTICE – Re-Evaluation of Evidence – Meaning and Scope – Not Requiring Copious Reproduction

"Re-evaluation of evidence by an appellate court does not mean copious reproduction of such evidence."

Evidence Law Important

EVIDENCE LAW – Evaluation of Evidence – Duty of Trial Judge to Resolve Conflicts

"It is an elementary and primary principle of our judicial approach to the determination of issues that the appraisal of oral evidence and ascription of probative values to such evidence...

Civil Procedure Important

CIVIL PROCEDURE – Judgment – Duty of Trial Court to Evaluate Evidence and Make Findings of Fact

"The appraisal of oral evidence and the ascription of probative values to such evidence is the primary function of the trial court. Where the issue turns on the credibility of...

Appellate Practice Important

APPELLATE PRACTICE – Retrial – Principles Governing Order for Retrial – Failure of Trial Judge to Evaluate Evidence and Resolve Conflicts

"When a judge who, guided by the pleadings, has heard evidence in a case but has in his judgment failed to give a fair summary of the cases presented by...

Civil Procedure Important

CIVIL PROCEDURE — Judgment Writing — Evaluation of Evidence — Method of Approach Not Determinative of Validity of Judgment

"What therefore to watch out for in a standard judgment are: (l) Are the parties to the case appropriately stated? (2) Is the nature of the claim and cause of...

Evidence Law Important

EVIDENCE LAW – Interpretation of Evidence – Duty of Accused to Request Interpreter

"The fact that the accused does not understand the language in which the trial is being conducted is a fact well known to the accused and it is for him...

Appellate Practice Important

APPELLATE PRACTICE – Standard of Review – Appellate Court May Make Additional Findings to Affirm Decision Below

"Where an appellate court finds additional reasons for affirming the decision of the court below, it will not hesitate to do so."

Appellate Practice Important

APPELLATE PRACTICE – Remittal of Case – Order for Retrial When Determination of Material Issues Depends on Credibility of Witnesses

"Where an appeal is allowed because of the failure of the trial court to make findings on material issues and the determination of the material issues depends on credibility of...

Appellate Practice Important

APPELLATE PRACTICE – Standard of Review – Primacy of Trial Court in Evaluation of Evidence

"It is the trial Court that can assess the veracity of a witness before it ... The trial Court has many advantages a Court of Appeal never has. It sees...

Evidence Law Important

EVIDENCE – Expert Witness – Evaluation of Conflicting Expert Testimony

"If in the light of other relevant credible evidence before the court the evidence of the expert is not or cannot be true it cannot be said to be uncontradicted...

Appellate Practice Important

APPELLATE PRACTICE – Evaluation of Evidence – Appellate Court Will Not Re-Evaluate Evidence Except for Perversity or Improper Evaluation

"The primary role of evaluating evidence and ascribing probative value rests with the trial court. An appellate court may only interfere and re-evaluate evidence where the trial court has failed...