• October 25, 2016
  • Posted by: Stephen Azubuike
  • Category: Case Law Blog
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Where a court admits a piece of evidence, the whole of the evidence must be used.

Procter & Gamble Co. v. G.S. & D. Ind. Ltd. [2013] 1 NWLR (Pt. 1336) 409 at 455, paras. C-D, per Ogunwumiju, JCA:


“…Where a court admits a piece of evidence, the whole of the evidence must be used. Courts may not analyse and depend on a piece of evidence in support of a party’s position without engaging in a similar analysis and dependence on the same piece of evidence that support’s the other party’s position.”

Notes:

The above principle is based on the principle of fair hearing. It is trite that justice is not a one-way traffic. Judges must always be mindful to ensure proper evaluation of evidence in order to arrive at just conclusions. Thus, it not proper for a Judge to rely only on the deductions drawn by Counsel with respect to a particular piece of evidence.
 


Stephen Azubuike
Author: Stephen Azubuike
Stephen is a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has advised a number of both established and startup tech companies. He tweets @siazubuike.

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