LEGAL PRINCIPLE: EVIDENCE LAW — Evaluation of Evidence — Duty of Trial Court — Weighing of Testimony
PRINCIPLE STATEMENT
Before a court comes to a decision as to which evidence it believes, it should put the totality of acceptable testimony on an imaginary scale, putting the plaintiff's evidence on one side and the defendant's on the other, and weigh them together by quality or probative value, not by the number of witnesses.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Kwajaffa & Ors v. Bank of the North Ltd (2004) NLC-892000(SC) at p. 22; Paras B–C.
"Before a court which evidence is adduced by the parties in a civil case comes to a decision as to which evidence it believes or accepts and which evidence it rejects, it should first of all put the totality of the acceptable testimony adduced by both parties on an imaginary scale; it would put the legal evidence adduced by the plaintiff on one side and that of the defendant on the other side and weigh them together. It will then see which is heavier, not by the number of the witnesses called by each party but by the quality or probative value of the testimony of those witnesses."
EXPLANATION / SCOPE
The Mogaji v. Odofin test requires weighing evidence by quality, not quantity. The principle applies to civil trials. The court must evaluate probative value. The rule ensures proper evidence assessment. Number of witnesses is not determinative. The principle is well-established.
