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CaseLaw

Aroyewun Vs. Osolaru (1985) CLR 6(f) (SC)

Judgement delivered on June 10th 1985

Brief

  • Evaluation of evidence
  • Pronouncement by Judge on witness(es) testimony
  • Retrial order

Facts

The Court of Appeal proceeded to evaluate evidence itself and enter judgment on its own findings after setting aside a High Court judgment on the ground of the trial Judge's unwarranted interference with some defence witnesses, his declara-tion during another defence witness' evidence that he would not believe her and his loss of impression of the remaining defence witnesses in delivering judgment. The appellants appealed to the Supreme Court on the ground that the Court of Ap¬peal erred in law in proceeding to assess the evidence and entering judgment for the plaintiff/respondent.

Issues

Where a trial judge is seen to have interfered unnecessarily with defence...

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