LEGAL PRINCIPLE: CIVIL PROCEDURE – Affidavit Evidence – Resolution of conflicts in Affidavit Evidence
PRINCIPLE STATEMENT
Where a point arising for determination needs further clarification by evidence, it is the duty of the court to invite the parties to supply such evidence; it is wrong for the court to substitute its own views on matters where there is no evidence.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Adkins Scientific Limited v. Aladetoyinbo & Anor (1995) NLC-2591989(SC) at pp. 9–10; Paras D–A.
"Where it is necessary that a point or points arising for determination in a case should be further clarified by evidence after the close of the trial, it is the duty of the court trying the case to invite the parties to supply such evidence or explain such point or points and it is wrong for the court in these circumstances to substitute its own views for matters on which there should be, and there was no evidence before the court."
EXPLANATION / SCOPE
The court cannot fill gaps in evidence by substituting its own views. If further clarification is needed, the court must invite the parties to supply evidence. The principle prevents the court from becoming a witness. The rule applies to all trials. The court must base its decision on evidence, not speculation. The parties have the right to be heard on any new issue. The court may adjourn to allow further evidence. The principle ensures fairness and prevents surprise. The appellate court will set aside decisions based on unproven assumptions.