LEGAL PRINCIPLE: CIVIL PROCEDURE — Evaluation of Evidence — Duty of Trial Court — Need to Resolve Conflicts
PRINCIPLE STATEMENT
Where a plaintiff and his witness irrefutably challenge the validity of their own claim and thereby destroy it, the trial court has a duty to consider and evaluate such evidence properly. Failure to do so renders the judgment manifestly perverse.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Akanbi v. Salawu & Anor (2003) NLC-1251999(SC) at pp. 9–11; Paras E–C.
"Where a plaintiff and his witness irrefutably 'challenge' the validity of the claim they brought to court upon their showing by their evidence, and thus succeed to destroy it, the trial court has a duty to consider and evaluate such evidence properly. Failure to do so renders the judgment manifestly perverse."
EXPLANATION / SCOPE
The trial court must evaluate evidence that contradicts the plaintiff’s case. Ignoring such evidence is perverse. The principle applies to all civil trials. The court cannot selectively consider evidence. The rule ensures thorough evaluation. The appellate court will set aside perverse judgments. The principle is fundamental.