When Decision is Against The Weight of Evidence – SAHEED, Afeez Ayinde – deemlawful
Court Decisions are meant to resolve issues between the aggrieved party and the alleged party. Hence, the imagery of Balance Scale.
Court judgement ought to be final regardless of the court’s hierarchy except where either of the parties to the litigation is not satisfied and felt Court’s decisions is against the weight of the evidence he had adduced and tendered during the proceeding.
Thence, The appellant in this case had alleged that Court Decision is against the weight of Evidence following what the led trial judge resolved
LT. COLONEL P. Y. AWUSA Appellant AND
NIGERIAN ARMY Respondent
AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment)
The position of the law is that when an Appellant alleges that a decision is against the weight of evidence, he means that when evidence he adduced is balanced against that of the Respondent, Judgment in the Respondent’s favour is against the weight that should have been given to the totality of the evidence adduced
See Akinlagun V. Oshoboja (2006) 12 NWLR (Pt 993) 60 at 82 SC. The complaint is only concerned with appraisal and evaluation of all the evidence and not the weight to be attached to any particular piece of evidence Osolu V. Osolu (2003) 11 NWLR (Pt. 832) 608 SC.
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