LEGAL PRINCIPLE: EVIDENCE LAW — Survey Plan — Identity of Land — Function of Trial Court
PRINCIPLE STATEMENT
It is not for the trial judge to prefer one party's survey plan to another's. The duty of the trial court was to determine the case presented by the plaintiffs on the basis of the evidence presented by them.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ogbogu & Ors v. Ugwuegbu & Anor (2003) NLC-1151998(SC) at p. 25; Paras A–C.
"It is not for the learned trial Judge to prefer the survey plan of the defendants/appellants to that of the plaintiffs/respondents. The duty of the trial court was to determine the case presented by the plaintiffs/respondents on the basis of the evidence presented by them."
EXPLANATION / SCOPE
The trial court should not prefer one survey plan over another without basis. The principle applies to land disputes. The court must evaluate all evidence. The rule ensures impartiality. The court cannot arbitrarily choose plans. The principle is well-established.