I bear in mind in doing so that in law unchallenged evidence is good evidence on which a Court should act to make findings of facts. See Nwabuoku v. Ottih (1961) 1 All NLR 487 @ p. 490. See also Odulaja v. Haddad (1973) 11 SC 357; Isaac Omoregbe v Daniel Lawani (1980) 3 – 4 SC 108 @ p. 117; Oluhunde & Anor v. Prof. Adeyoju (2000) 14 WRN 160.
— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014
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Saipem SPA vs. India Tefa (2001) FWLR (pt 74) 377 @p. 394, where this Court had held firmly inter alia, “When evidence of a witness has not been challenged, contradicted or shaken under cross-examination and such evidence is not inadmissible in law, provided the evidence is in line with the facts so pleaded, the evidence must be accepted as the correct version of what was expected to be proved. The Court is not only entitled to but also has no reason not to accept it.”
Evidence given by a witness in another case may be used to impeach his credit if, in the later case, he says something different; but what he said in the earlier case does not become evidence in the later case. And a judgment given in another case can, in appropriate cases, be put in a later suit, to prevent the re-opening of the same question. One hopes that the indiscriminate introduction of other proceedings into a trial will be discontinued.
— Bairamian, F.J. Owonyin v. Omotosho (1961) – F.S.C.249/1960
The justice of a case and statutory requirements will not be met if the trial Court considers only one side of a case. Adequate consideration must be given to both sides. In discharging this duty, the Judge must evaluate all the evidence. It is not the justice of a case if the Judge, without evaluating the evidence, holds that he believes one side and disbelieves the other. Only an evaluation of the evidence will logically lead to his reasons for believing or disbelieving. However, Judges differ in style. Nevertheless, whichever style a Judge uses or adopts, the important thing is that he considers all the evidence before him by evaluation before arriving at his conclusion which is the finding.
– Sankey JCA. Abdul v. State (2021)
It is now settled law, that it is the primary responsibility of the trial court which saw and heard witnesses to evaluate the evidence and pronounce on their credibility or probative value and not the appellate court which neither heard the witnesses nor saw them to observe their demeanors in the witness box. It follows therefore that when a trial court unquestionably evaluates the evidence and appraises the facts of a case, it is not the business of the appellate court to substitute its own views for the views of the trial court. – Musdapher JSC. Gbadamosi v. Dairo (2007)
It is elementary law that parties are bound by their pleadings and facts not pleaded will go to no issue. In other words, evidence on facts not pleaded will not avail the party relying on the evidence.
– Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)
And, apart from this, there is a long line of authorities establishing that competency is not a matter of age but of understanding and that if a child understands the nature of an oath, the provisions in question are completely out of place. See Reg. v. Perkins (1840) 9 C. & P. 395 (or 173 E.R.884); also R. v. Michael Moscovitch (1924) 18 CAR 37. – Coker JSC. Okoye v. State (1972)
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