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See Also:
- EVIDENCE: Evaluation of Evidence - The Duty of the Trial Court - Whether the Evaluation of Evidence and Ascription of Weight Is the Responsibility of the Trial Court
"...it is settled law that evaluation of evidence and ascription of weight thereto remains the province of the trial Court which heard and observed the demeanor of the witnesses and…
- APPEAL - Interference With Evaluation of Evidence - Principles under which an Appellate Court would interfere with the findings of a Lower Court based on evaluation of evidence
"The principles on which a Court of Appeal can interfere have been examined in so many authorities of this Court, and the law is so settled, that it has almost…
- APPEAL: Evaluation of Evidence - Attitude of appellate Court to evaluation of evidence by trial Court
"In taking a view point on which position, whether of the appellants or the respondents should be gone along with, the first port of call in my humble opinion is…
- APPEAL - INTERFERENCE WITH EVALUATION OF EVIDENCE - Whether an appellate Court can interfere with the decision of the lower Court based on credibility of witnesses
"It is trite that the evaluation of evidence and ascription of probative value to it is the primary duty of the trial Court. Where the task, as in the instant…
- APPEAL: Evaluation of Evidence - Attitude of appellate Court to evaluation of evidence by trial Court
"It must be emphasised here and it is even settled law, that an appellate Court does not as a matter of practice or law interfere where trial Court unquestionably evaluates…