Legal Principles – Nigerian LawCompass

Evidence Law Important

EVIDENCE LAW — Evaluation of Evidence — Duty of Trial Court — Weighing of Testimony

"Before a court which evidence is adduced by the parties in a civil case comes to a decision as to which evidence it believes or accepts and which evidence it...

Evidence Law Important

EVIDENCE LAW — Evaluation of Evidence — Primary Function of Trial Court Not to Be Disturbed on Appeal Absent Improper Evaluation

"The law is settled that evaluation of evidence is primarily the function of the trial Judge. Interference by an appellate court could only occur when and where he fails to...

Evidence Law Important

EVIDENCE LAW — Evaluation of Evidence — Evaluation of Evidence Is Primary Function of Trial Court

"The evaluation of evidence and the ascription of probative value to such evidence are the primary functions of a court of trial which saw, heard and assessed the witnesses."

Evidence Law Important

EVIDENCE LAW — Evaluation of Evidence — Trial Judge’s Exclusive Right to Assess Credibility of Witnesses

"It is well settled that a trial Judge who sees and hears the witnesses giving evidence before him, has the exclusive right to assess their demeanour so as to determine...

Appellate Practice Important

APPELLATE PRACTICE — Evaluation of Evidence — Perverse Findings

"But where the evaluation of the evidence which led to the finding of a trial Judge is perverse, an appellate Judge is in a good position to reverse such evaluation...

Appellate Practice Important

APPELLATE PRACTICE — Evaluation of Evidence — Failure to Cross-Examine

"It has been said that the effect of failure to cross-examine a witness upon a particular matter is a tacit acceptance of the truth of the evidence of the witness....

Evidence Law Important

EVIDENCE LAW — Documentary Evidence — Evaluation of Documents by Appellate Court

"Evaluation of a document is not within the exclusive preserve of the trial Judge. Both the trial Judge and the appellate Judge have equal right to evaluate a documentary evidence....

Evidence Law Important

EVIDENCE LAW — Evaluation of Evidence — Primary Duty of Trial Court — Appellate Intervention

"The evaluation of evidence is the primary responsibility of the trial court, and an appellate court will only interfere with a finding of fact made by a trial Judge where...

Civil Procedure Important

CIVIL PROCEDURE — Appellate Practice — Re-evaluation of Evidence by Appellate Court — When Appellate Court May Interfere with Trial Judge’s Findings

"Where the evaluation of the evidence by the trial Judge is perverse, in the sense that it is not properly borne out from the evidence before him, an appellate Judge...

Evidence Law Important

EVIDENCE LAW — Evaluation of Evidence — Concurrent Findings of Fact — Appellate Court Will Not Interfere with Concurrent Findings

"Where, as in the present case, a court of trial unquestionably evaluates the evidence and justifiably raises the facts, what the Court of Appeal ought to do is to find...

Civil Procedure Important

CIVIL PROCEDURE — Unchallenged Evidence — Evaluation Where Defendant Absent

"When a defendant is absent it does not ipso facto or as a matter of law, entitle a plaintiff to judgment. The evidence proffered by the plaintiff though uncontradicted must...

Appellate Practice Important

APPELLATE PRACTICE — Evaluation of Evidence — Circumstances When Appellate Court May Interfere

"However, where findings of fact are a result of inferences drawn from facts primarily found by the trial court, the appellate court is at liberty to form its own opinion."