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July 19, 2022 9:26 am
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-
- a) require the production of such material thing for its inspection, or
- 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
This topic was modified 2 years ago by Manuel Akinshola