EVALUATION OF EVIDENCE – WHETHER IT IS THE DUTY OF AN APPELLATE COURT TO EVALUATE EVIDENCE AND ASCRIBE PROBATIVE VALUE THERETO  

 

JBA
 JBA
Joined: 11 months ago
Posts: 54
15/10/2019 10:54 am  

“Permit me, my lords, to draw attention from the outset in this issue that it is not the business of the court below (unless in exceptional circumstances) to evaluate and thus, ascribe probative value to evidence. That is the whole mark of the trial court that heard, saw, observed and ascribed probative value to evidence through witnesses. The only assignment expected of an appeal court (in an appeal) is to review, among other things, the evidence and the whole proceedings of the trial court.” 

PER I. T. MUHAMMAD, J.S.C. in TSKJ NIGERIA LIMITED Vs OTOCHEM NIGERIA LIMITED  LEC [2018] SC. 118/2009 https://legalpediaonline.com/tskj-nigeria-limited-vs-otochem-nigeria-limited/


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