EVIDENCE LAW — Evaluation of Evidence — Documentary Evidence — Appellate Court’s Position
Ratio Decidendi
Per Onnoghen, JSC, in Ayuya & Ors v. Yonrin & Ors (2011) NLC-123-24-2002(SC) at p. 18; Paras E—A:
"Where the evidence which the trial judge failed or neglected to evaluate is a document tendered as exhibit which does not involve the demeanour of the witnesses then it is settled law that an appellate court is in as good a position to evaluate the evidence and come to its own decision."
Explanation / Scope
This principle establishes that where the unevaluated evidence is a document not involving witness demeanour, the appellate court is in as good a position to evaluate it and reach its own decision. The principle applies where documentary evidence is not evaluated. It ensures that appellate courts can evaluate documents. The principle reflects the limits of the trial court’s advantage. It allows appellate review of documentary evidence. The court must evaluate the document. The principle provides guidance on appellate evaluation of documents.