Supreme Court 20th November 2012
Justices:
Walter Samuel Nkanu Onnoghen, J.S.C. (presided) Christopher Mitchell Chukwuma-Eneh, J.S.C. Suleiman Galadima, J.S.C. Mary Ukaego Peter-odili, J.S.C. Olukayode Ariwoola, J.S.C. Musa Dattijo Muhammad, J.S.C. (Read the leading judgment) Clara Bata Ogunbiyi, J.S.C.
Subject Matter(s):
Meaning of hearsay
It is for court/tribunal to determine if witness is an expert
In civil proceedings where averments alleging crime are severable, burden of proof is on balance of probabilities
Plaintiff succeeds on strength of his case
Documentary evidence tendered from the bar remain dormant until activated by oral evidence as court cannot do cloistered justice
Duty of Trial Judge reception of evidence, assessment of credibility of witness, evaluation of evidence, ascription of probative value, finding of fact.
Not all errors in Judgment result in the setting aside of the judgment
Final Order: Appeal Dismissed