The power to admit new, fresh or additional evidence must always be exercised sparingly and with caution. The Court must consider whether there are special circumstances to warrant the grant of the application and whether it would be in furtherance of the justice of the case. See: Uzodinma vs Izunaso (No.2) (2011) 17 NWLR (Pt. 1275) 30 @ 55 B-C.
— K.M.O. Kekere-Ekun, JSC. Williams v Adold/Stamm (2007) – SC.404/2013
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Now it is settled law that the evidence of a witness taken in an earlier proceeding is not relevant in a later trial. except for the purpose of discrediting such a witness in cross-examination and for that purpose only.
– Kawu, JSC. Ogunnaike v. Ojayemi (1987)
I bear in mind the well-established principle of law that in every civil action in which a declaration is sought from the Court, a claimant who seeks the declaratory relief must succeed on the strength of his own case as made out creditably in the evidence put forward by him in support of his case and not to merely rely on the weakness or even absence of the Defendant’s case. However, where the evidence of the Defendant supports the case of the claimant, he is perfectly entitled to rely on such evidence. See Nsirim v Nsirim (2002) FWLR (pt. 96) 433 @ p. 441.
— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014
In the Law of Evidence, Relevancy, Admissibility of evidence, and weight to be attached to evidence, all these are each in a separate department. What value or weight to be attached to a piece of evidence, once it is admitted as evidence, is for the Jury, the judges of facts. And here in Nigeria, the trial judges sit in a dual capacity, qua Judges of law in matters of law and qua jury in matters of fact In my view, with due respect to the counsel, his criticism of the Tribunal is unwarrantable and so unjustified. It was for the Tribunal to accept or not to accept the evidence by the p.w.5. It was for it as well to ascribe weight or no weight to the exhibits. To be in the best position to reach a conclusion on the testimony of the p.w. 5 and the value to attach to the exhibits it adopted, in my view, the proper and right approach to reach its conclusion.
— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99
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
Exhibit C3 is a letter to the Honorable Minister for Sports by Joe McCormack, Business Development Manager – Lagos of the defendant requesting an appointment with the Honourable Minister for 26th February 2013. It is not dated. An undated document has no evidential value. See Global Soaps & Detergent Ind. Ltd v. NAFDAC [2011] All FWLR (Pt. 599) 1025 at 1047 and Udo & ors v. Essien & ors [2014] LPELR-22684(CA). Accordingly, Exhibit C3 has no evidential value and so would be discountenanced for purposes of this judgment.
— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013
In Ngene v. Igbo (2000) 4 NWLR (Pt. 651) 131 at 142, this Court, per Ogundare, JSC said: “A long line of cases beginning with Kodilinye v. Mbanefo Odu (1935) 2 W.A.C.A. 336 has laid it down that in a claim for declaration of title the onus is on the plaintiff to prove his case. He must rely on the strength of his own case and not on the weakness of the defence – Jules v. Ajani (1980) 5/7 SC 96 except of course where the weakness of the defendant’s case tends to strengthen plaintiff’s case – Nwagbogu v. Ibeziako (1972) Vol. 2 (Pt.1) ECSLR 335, 338 SC or where the defendant’s case supports his case – Akinola v. Oluwo (1962) 1 SCNLR 352 (1962) 1 All NLR 224 (1962) (Pt. 1) All NLR 225 all of which is not the case here.”
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