Ratio Decidendi

Per Kastina-Alu, JSC, in Edjekpo & Ors v. Osia & Ors (2007) NLC-123-250-2001(SC) at p. 10; Paras D–E:

"In the circumstance where the entire evidence called by a party is missing in the compiled Record of Appeal, it will be difficult if not impossible to say with certainty that there has been no miscarriage of justice. In the absence of such evidence, I am unable to hold that the trial Judge clearly comprehended the entire case and came to a conclusion which is abundantly supported by the evidence. In the circumstances, I find myself unable to support the judgment of the trial court. It is my view that this is a proper case for an order for retrial."
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Explanation / Scope

The Record of Appeal must contain all evidence relied upon by the trial court. Where a party’s entire evidence is missing, the appellate court cannot properly discharge its duty of rehearing the case. It cannot assess the trial court’s findings, determine whether conflicts in evidence were resolved, or confirm that the judgment is supported by the evidence. In such cases, the only safe course is to order a retrial to ensure that both parties have a fair opportunity to present their evidence and that the appellate court can properly review the case.

Cases Applying This Principle

Okiugbedi Edjekpo & Ors v. Iboyi Ithribi Osia & Ors