18 Jan

EVIDENCE 2.7 VISIT TO LOCUS IN QUO

VISIT TO LOCUS IN QUO.   The locus in quo is the place in which the cause of action arose or where anything is alleged in the pleading to have been done[1]. As was noted in Seismograph Service Nigeria Ltd V Ogbeni; where there are conflicting assertions on the existence or non-existence of a material […]

18 Jan

EVIDENCE 2.8 OPINION AND EXPERT EVIDENCE

OPINION AND EXPERT EVIDENCE.   Blacks’ Law Dictionary defines “expert evidence” as “evidence about a scientific, technical or professional issue given by a person qualified to testify because of familiarity with the subject or special training in the field”. BLD also defined “Opinion evidence”[1] as “evidence as to a witness’s belief, thought or inference about […]

18 Jan

EVIDENCE 2.9 WRONGFUL ADMISSION AND REJECTION OF EVIDENCE

WRONGFUL ADMISSION AND REJECTION OF EVIDENCE.   When an evidence is tendered (and before it is evaluated/admitted), either of the parties can object[1] to its admission on various grounds. The court is to consider such objections and either accept[2] or reject the piece of evidence[3]–Salawu Jagun Olakade V Abolade Agboola Alade[4]. This is because admitting […]

18 Jan

EVIDENCE 2.10 TESTIMONIAL PRIVILEDGE

TESTIMONIAL PRIVILEGE.   Is a right not to testify based on a claim of privilege-Sebastine Tar Hon. He who asserts that he has testimonial privilege must prove… but he should first allow himself to be sworn in-Boyle V Wiseman. Testimonial Privilege may be PRIVATE OR PUBLIC. PRIVATE PRIVILEGE. They include: Communication between Spouses: Section 182(3) […]

15 Jan

EVIDENCE 2.11 STATE PRIVILEGE

STATE PRIVILEGE.   Lord Reid in Conway V Rimmer noted that this privilege is weighed between the need to do justice against the need to protect public interest. Section 190 provides that unpublished official records (or evidence contained therein) relating to the affairs of state should not be produced in court except as directed by […]