LEGAL PRINCIPLE: CIVIL PROCEDURE – Judgment – Duty of Trial Court to Evaluate Evidence and Make Findings of Fact
PRINCIPLE STATEMENT
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 witnesses an appellate court which has not seen the witnesses must defer to the opinion of the trial court.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Sagay v. Sajere & Anor (2000) NLC-801994(SC) at p. 6; Paras C–D.
"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 witnesses an appellate court which has not seen the witnesses must defer to the opinion of the trial court."
EXPLANATION / SCOPE
The trial court has the primary responsibility to evaluate oral evidence and assign probative value. This is because the trial judge sees and hears witnesses, observing demeanor, composure, and responsiveness. Where findings turn on credibility, the appellate court must defer to the trial court’s assessment. The appellate court cannot substitute its own view on credibility without compelling reason, such as where findings are perverse or unsupported. This division of functions respects the unique position of the trial court in the judicial process.