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Dictum

The main thrust of the appeal appears to be that if the original of the public document is lost or destroyed thereby rendering the making of a certified copy impracticable, it would be unjust not to admit other form of secondary evidence such as a photocopy of the original document. I share the plight of the appellant but it must be borne in mind that the duty of the court is to expound the law and not to expand it. It is not the function of the court to supply omissions in statutes and thereby embark on judicial legislation.

– Edozie, JSC. Araka v. Egbue (2003) – SC.167/1999

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MEANING OF JUDGEMENT AGAINST WEIGHT OF EVIDENCE

A castigation of a decision on the premise that a judgment is against the weight of evidence, invariably couched as an omnibus ground, connotes that the decision of the trial Court cannot be supported by the weight of evidence advanced by the successful party which the Court either wrongly accepted or that the inference it drew or conclusion it reached, based on the accepted evidence, is unjustifiable in law. Also, it implies that there is no evidence, which if accepted, will buttress the finding of the trial Court. Furthermore, it denotes that when the evidence adduced by the complaining appellant is weighed against that given by the respondent, the judgment rendered to the respondent is against the totality of the evidence placed before the trial Court. In ascertaining the weight of evidence, the trial Court is enjoined, by law, to consider whether the evidence is admissible, relevant, credible, conclusive or more probable than that given by the other party, see Mogaji v. Odofin (1978) 3 SC 91; Anyaoke v. Adi (1986) 2 NSCC, Vol. 17, 799 at 806/(1986) 3 NWLR (Pt. 31) 731; Nwokidu v. Okanu (supra) (2010)3 NWLR (Pt. 1181)362; Akinlagun v. Oshoboja (2006) 12 NWLR (Pt. 993) 60; Gov. Lagos State v. Adeyiga (2012) 5 NWLR (Pt. 1293) 291; Oyewole v. Akande (2009) 15 NWLR (Pt. 1163) 11; Agala v. Okusin (2010) 10 NWLR (Pt. 1202) 412.

— O.F. Ogbuinya, JCA. Impact Solutions v. International Breweries (2018) – CA/AK/122/2016

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IN LAND CASES THE PLAINTIFF MUST SUCCEED ON ITS OWN CASE

In land cases that the plaintiff when claiming a declaration of title must succeed on the strength of his case. The onus lies on the plaintiff to satisfy the court that he is entitled on the evidence brought by him to the declaration of title claimed. The plaintiff must rely on the strength of his case and not on the weakness of the defendant’s case. If this onus is not discharged, the weakness of the defendant’s case may not generally help him and the proper judgment will be for the defendant. Where, however, the case of the defendant lends support to the case of the plaintiff, it is recognised that the court cannot ignore it in arriving at a conclusion as to which side to believe.

– Iguh, JSC. Clay v. Aina (1997)

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UNCHALLENGED EVIDENCE IS GOOD EVIDENCE IN WHICH A COURT CAN ACT ON

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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EVALUATION OF EVIDENCE; INTERFERENCE BY APPELLATE COURT

It has long been established that the function of the evaluation of evidence is essentially that of the trial Court, Igago v State (1999) LPELR – 1442 (SC) 27; Onuoha V. The State [1998] 5 NWLR (pt. 548) 118. Where the trial Court has unquestionably, evaluated evidence and, justifiably, appraised the facts, it is not the business of an appellate Court to interfere, and to substitute its own views for the view of the trial Court. – Nweze JSC. Abdullahi v. Adetutu (2019)

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NOT CHALLENGING REJECTION OF EVIDENCE

Akpasubi v. Umweni (1982) All N.L.R. 306 at 308 where the Supreme Court held that “It is elementary I think that once a trial court rejected the evidence of a witness and the Judge’s decision in regard thereto has not been challenged on appeal that is the end of that evidence for ever”.

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EXTRINSIC EVIDENCE NOT TO CONTRADICT WRITTEN INSTRUMENT

Generally, where parties to an agreement have set out the terms thereof in a written document, extrinsic evidence is not admissible to add to, vary from, or contradict the terms of the written instrument.

– Augie JSC. Bank v. TEE (2003)

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