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See Also:
- EVIDENCE - EVALUATION OF EVIDENCE - Whether evaluation of evidence is the primary duty of the trial Court
"It is the duty of the Trial Court to assess the evidence adduced by the parties. This pragmatic concession is based on the fact that only the Trial Court has…
- COURT - DUTY OF COURT - Duty of the trial court to assess credibility of witnesses:
"It is the duty of the trial judge to assess the credibility of the witnesses." Per RHODES-VIVOUR, J.S.C. in ABU MOHAMMED v. THE STATE (2020-LCER-39171-SC) at p. 10
- EVIDENCE: Evaluation of Evidence – Primary duty of the trial judge to evaluate evidence – Rationale behind assignment of the role of evaluation of evidence to the trial judge
“This reluctance is principally grounded on the recognition that the learned trial Judge, who had the undoubted advantage of seeing and hearing the evidence presented by the parties, at first-hand,…