See Also:

• 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,…

• EVIDENCE - ADMISSIBILITY OF EVIDENCE - Appropriate time to object to the admissibility of evidence, effect of failure to do so

  "... whether in view of the provision of Section 209(1) of the Evidence Act, the two lower Courts were right to have relied on the testimony of PW3 to convict…

• ACTION - PLEADINGS - Effect of failure to call evidence in support of pleadings:

  "What is fictitious cannot be proved and what is suborned must be tested. Every fact pleaded must be proved, otherwise, it amounts to nothing. It is trite law that pleading…