LEGAL PRINCIPLE: CIVIL PROCEDURE – Writing of Judgment – No Rigid Formula for Sequence of Evaluation
PRINCIPLE STATEMENT
There is no rigid formula for the sequence of evaluating evidence in a judgment. As long as the trial judge exhaustively reviews and evaluates all evidence before reaching a final decision, the method adopted is not fatal.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Nwankpu v. Ewulu (1995) NLC-761992(SC) at p. 45; Paras A--C.
"It is true that the learned trial Judge reviewed some aspects of the evidence led by the defendants before turning to the evidence led by the plaintiffs. It is equally clear that he exhaustively reviewed and evaluated the entire evidence led by both parties on all the issues canvassed before the court before he reached his final decision. Under such circumstances, I do not think it can be seriously suggested that the method adopted by the learned trial Judge in his consideration of the case led to any miscarriage of justice or that it was prejudicial to either of the parties."
EXPLANATION / SCOPE
No prescribed order governs the presentation of evidence in a judgment. The judge may review evidence in any logical sequence. The critical requirement is that all evidence is considered and evaluated. The principle applies to all judgments. The appellate court will not interfere merely because the judge did not follow a particular order. The rule promotes judicial efficiency. The judge must demonstrate that he considered all evidence. The appellant must show that the method caused prejudice or miscarriage of justice. The principle focuses on substance, not form.