Critical Appraisal on Opinion Evidence

ABSTRACT 

Generally, where a court is faced with the problem of determining a suit before it, 

such can only be solved after making an enquiry into the relevant facts of the evidence 

put before it by the parties, drawing inferences from those facts, and listening to 

arguments of parties to the case or of their counsel. Evidence is there from called as a 

means by which those facts can be proved. 

Evidence of what the witness thinks, believes or infers in regard to facts in dispute, 

as distinguished from personal knowledge of the facts themselves. The Rule of Evidence 

ordinarily do not permit witnesses to testify as to opinions or conclusions when this type 

of evidence is expressed by an expert witness, it may be used only if scientific, technical, 

or specialized knowledge will aid the trial of fact in understanding the Evidence or 

determining a fact in issue. 

Opinion Evidence refers to Evidence of which the witness thinks, believes, or infers 

in regard to facts as distinguished from personal knowledge of the facts themselves. In 

common law jurisdictions, the general rule is that a witness is supposed to testify as to 

what was observed and not to give an opinion on what was observed. However, there are 

two exceptions to this rule: Expert Evidence and Non-expert Evidence opinion given by 

laymen which people in their daily lives reach without conscious rationalization.