CIRCUMSTANCES WHERE THE COURT CAN DIRECT A VISIT TO THE LOCUS IN QUO

“On issue 1, conditions have been provided in Section 127 (1) of Evidence act Cap E8 LFN 2011 where that a judge can direct a visit to the locus in quo;

“1)   If oral evidence refers to the existence or condition of any material thing other than a document, the court may if it deems fit-

1. a) require the production of such material thing for its inspection, or
2. b) inspect any moveable or immovable property the inspection of which may be material to the proper determination of the question in dispute”

In understanding/interpreting the purpose and intent of the above provision of the law, the literal/ordinary meaning/interpretation would be adopted. Therefore, a visit to the locus in quo can only be directed during or after trial where evidence has been led and there is doubt in the evidence of parties”

• PER A.O.OBASEKI-ADEJUMO, J.C.A in ARABA SHITTA DADA & 8 ORS .V.  ADENIRAN ADEDOKUN VENTURES & 6 ORS. LER[2019]CA/L/578/2014