THE COURTS LEAN AGAINST CALLING FRESH EVIDENCE ON APPEAL

RESPONSIBILITY OF TRIAL COURT TO EVALUATE EVIDENCE

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)

QUALITY OF EVIDENCE IS MORE RELEVANT THAN THE QUANTITY

The first point that must be made is that a court of law needs not take into account the number of witnesses for each side to a dispute as a relevant factor in deciding which side to succeed. What is primarily relevant is the quality of the evidence adduced before the court. In this regard, Section 179(1) of the Evidence Act provides as follows:- “179(1) Except as provided in this section, no particular number of witnesses shall in any case be required for the proof of any fact.”

— Iguh, JSC. Oguonzee v State (1998) – SC.131/97

COURT SHOULD NOT ACT ON INADMISSIBLE EVIDENCE WHERE ADMITTED

In the case of Olukade v Alade (1976) 2 SC 183, this Court summarised the general rule on the effect of the admission of inadmissible evidence:- “A court is expected in all proceedings before it to admit and act only on evidence which is admissible in law (i.e. under the Evidence Act or any other law or enactment relevant in any particular case or matter) and so if the court should inadvertently admit inadmissible evidence it has the duty not to act upon it.”