EVIDENCE LAW — Documentary Evidence — Appellate Evaluation of Documentary Evidence
Ratio Decidendi
Per Onnoghen, JSC, in Mafimisebi & Anor v. Ehuwa & Ors (2007) NLC-123-160-1995(SC) at p. 42; Paras C–D:
"Where the issue before the court centres on the assessment or consideration of documentary evidence tendered in the proceedings as distinct from the credibility of witnesses, the appellate court is not foreclosed by the views of the learned trial judge on the said documentary evidence from evaluating and making its own findings thereon."
Explanation / Scope
The traditional rule that appellate courts defer to trial court findings of fact is modified where documentary evidence is concerned. Unlike oral testimony, documentary evidence does not require observation of witness demeanour for proper evaluation. The appellate court can read and interpret documents as competently as the trial court. Therefore, where the trial court has misappraised or failed to evaluate documentary evidence, the appellate court is entitled to conduct its own evaluation and reach its own conclusion. This ensures that errors in documentary assessment are corrected on appeal.