LEGAL PRINCIPLE: EVIDENCE LAW — Weight of Evidence — Evidence of Party’s Witness Supporting Opponent’s Case — Effect Where Witness Not Treated as Hostile
PRINCIPLE STATEMENT
Where witnesses called by a defendant gave evidence which supported the plaintiff's case and the defendant did not treat them as hostile witnesses, the evidence of such witnesses must be treated as an admission upon which the plaintiff is entitled to rely as further reinforcement of his case.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Olatunji v. Adisa (1995) NLC-2361986(SC) at p. 10; Paras. C–D.
"Where witnesses called by a defendant gave evidence which supported the plaintiff's case and the defendant did not treat them as hostile witnesses, the evidence of such witnesses must be treated as an admission upon which the plaintiff is entitled to rely as further reinforcement of his case."
EXPLANATION / SCOPE
A party is bound by the testimony of his own witnesses unless they are declared hostile. If their evidence supports the opponent’s case, it is admissible against the party who called them. The principle applies to all civil proceedings. The opponent may rely on such evidence as an admission. The rule prevents parties from calling witnesses and then disowning their testimony. The party may apply to treat the witness as hostile to cross-examine. The principle promotes fairness and truth-seeking.