Labim Limited & Anor V. The Chairman, Ona Ara Local Government & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A.

I had the privilege of reading before now the judgment delivered by my learned brother, O. Daniel-Kalio, J.C.A.

His Lordship has dealt with the issues comprehensively and resolved same accordingly.

On the Appellants, third issue as to whether the findings of the lower court were not against the weight of evidence in the circumstances of the evidence and material placed before the court, this touches on the evaluation of the evidence adduced by both parties and the findings made by the trial court in favour of the Respondents, whereas the Appellants feel it should have been in their favour. In this respect, I would say that the ascription of probative value to evidence is the function of the trial court that had the advantage of seeing, hearing and assessing the witnesses which opportunity this court in its appellate capacity does not have.

This court cannot substitute its views or assessment of the evidence for that of the trial court. It would lead to a miscarriage of Justice. From the printed records, there is nothing to show that the findings of the trial court are contrary to what a reasonable court would have fund in the same set of circumstances and evidence before the court.

See WOLUCHEM V. GUDI (1987) SC. 219 NWOKORO and OYEBAMIJI V. FABIYI (2003) 12 NWLR 271 at 295-296. In my considered view, the trial court properly evaluated the evidence placed before it.
For this reason and more detailed reasoning in the leading judgment, I also allow the appeal in part and abide by the consequential orders therein.

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Other Citation: (2013)LCN/6137(CA)

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