LEGAL PRINCIPLE: EVIDENCE LAW — Locus in Quo — Evidence Taken at — Status and Weight
PRINCIPLE STATEMENT
Evidence taken at a visit to the locus in quo is as much evidence as if taken in a courtroom; the court does not cease to be a court when it moves to the locus.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Kuusu v. Udom (1990) NLC-1741986(SC) at pp. 35–36; Paras D–A.
"It is conceded that the Court did not cease to be a Court when they moved to the locus in quo to inspect the land in dispute. Thus, the evidence taken at the place of inspection is as much evidence as if they had been made in a court room. The Area Court by visiting the locus in quo and seeing things for itself discovered where the truth lay. It has acted with common sense and in a practical manner by substituting in this case the eyes for the ear."
EXPLANATION / SCOPE
A visit to the locus in quo is part of the court’s proceedings. The court remains a court at the locus. Evidence obtained during the visit (observations, measurements, demonstrations) is as much evidence as testimony in the courtroom. The court can use its senses—sight, hearing—to discover the truth. The principle recognises the value of firsthand observation. The court may substitute “the eyes for the ear” in appropriate cases. The visit helps resolve disputes about land boundaries, features, and possession. The evidence from the locus is entitled to weight. The appellate court will defer to the trial court’s findings from a locus visit. The rule applies to all courts, including customary courts.