S 34 EA talks about what a judge should consider in ascribing weight to a piece of evidence         

The principles and format of a closing or final address are similar and applicable to an address in support of an interlocutory application. Order 31 r1 Lagos. See generally order 36 FCT
Types
At trial there are two major types

1. Opening address – this is not used in civil litigation Nigeria, its commonly used in jury trial system whereas in Nigeria the judge is the trier of fact and law. When used its purpose is to assist the jury to understand evidence that would be adduced at the trial. It is an overview of the varying evidence that would be presented. A preview of would be adduced evidence. Useful to ventilate the theory of the case.  What the evidence will show rather than what the .no argument, no comment on the credibility of the witness , no discussion of the law.
2. Closing address:
3. The final stage of a trial, where the party canvasses or argues issues raised based on the evidence adduced and the applicable law – in favour of its theory of the case.
4. An address is a fundamental right pursuant to s36 of the constitution, although a party may waive the right.

See generally o.36 FCT Abuja; O.31 Lagos; s 294 constitution

Failure to hear a party vitiates the trial; although in clear cases, where facts are not in dispute court may not call for parties’ addresses – NIGER CONSTRUCTION LTD V OKUGBENI
Address is meant to assist the court, and to inform the opposite party of the points canvassed and the applicable law, written addresses are filed and exchanged between the parties
However an address can not take the place of credible evidence in a trial.

Order of address at a trial – who has the right of general reply?
The eternal rule is that the last to call evidence commences the address and therefore the opposite side has the right of general reply. The first to address enjoys the right of reply, only on points of law. See Order 30 r 13-16 Lagos; O.36 rr1-2 ,& 4 FCT
Telephone & Electric co v Rep on Nigeria (1969) 1 NMLR 24
There is a difference between calling witness and calling evidence – evidence can be called through anyone
The address – the draft

1. An address is required to be printed, on white opaque A4 paper.
2. The heading in the court, with the parties and the capacity indicated
3. The contents are set out in paragraphs numbered serially
4. The heading of the address – i.e. “ The written address of the 1ST Defendant”

*paragraphs

1. The claim or application that forms the subject matter of the address
2. A brief statement of the facts
3. The issues for determination
4. Succinct statement of argument in respect of each issue, with reliance on the relevant authorities
5. Summary of the points raised
6. The prayer
7. The date
8. The name, signature and address of counsel who files the address 
9. Address for service
10. The address is required to be typed on white opaque A4 size paper, set out in numbered paragraphs

JUDGEMENT
This is end result of a trial. It is the reasoned and binding judicial decision made by the court at the conclusion of a trial. See “ decision” in s 318(1) constitution.
It is the binding, authentic, official and judicial determination by the court of the claims in an action: Saraki v Kotoye.

 Characteristics

1. Delivery in public – in open court – except where the court directs otherwise for sufficient cause

S.36(3) Constitution; order 35 r1 Lagos ; order 39 rule 1 FCT

1. In writing – s 294 const.
2. It should demonstrate in full a dispassionate consideration of the issues, and end with the decision that logically flow from findings of facts- OJOGBUE V NNUBIA

Placement of admissible and credible evidence adduced by each side on an on an imaginary scale and weigh them together, to determine which side has the preponderance of evidence. MOGAJI V ODOFIN; EZEOKE V NWAGBO
Whichever side outweighs is accepted and believed.
The court cannot simply apply the term “ I believe or disbelieve a witness”. It must be shown in the judgment how he reached that conclusion.
Findings of fact are reached after the evaluation of the evidence. The law is applied to the findings of fact, and the ultimate decision is reached.

1. The court must not grant a judgement in excess of or outside the claim before it. – EKPENYONG V NYONG.

This same doctrine applies to interlocutory application, anything not contained in the prayers cannot be granted.

FORMAT

1. The claim is set out
2. The pleadings
3. The issues arising for determination
4. Consideration and evaluation of evidence
5. Findings of facts
6. Applicablelaw
7. Reliefgranted.

 ADEYEYE V AJIBOYE

Types of judgement

1. Non-suit
2. Order of dismissal
3. Consent judgement
4. Default judgment
5. Summary judgement
6. Consequential order
7. Final judgement
8. Interlocutory judgement
9. Judgment in personam& judgement in rem

Order of dismissal –
Available against a claimant who has failed to prove his case by evidence.
It means that the action has been heard on its merit. It makes the court to become Functus Officio. An order of dismissal renders the decision appealable. An order striking out is granted where the action/application has not been heard on merit. The action/application can be re filed or relisted.
Once an action is not competent and the matter is not heard and the court cannot go into its merit, the proper order the court is to make is to strike it out so the matter can to the appropriate court to correct itself as to its competency.

Non-suit
This occurs where there is no satisfactory evidence to entitle the claimant to judgement, in a situation where it is not just that the defendant be allowed to get away with a dismissal of the case.
O.34 R.1 Lagos. YUSUFU V BARCLAYS BANK LTD
It is only granted where the power to do so is vested in the court.

Before a court makes a decision to grant a non-suit order it is important that it hears the parties on the issue – O.34 Lagos; CRAIG V CRAIG

Consent judgement

1. Binding compromise; an agreement to settle a court action during the pendency of the action
2. Free consent to the agreement;
3. The terms of settlement must be filed in court and adopted by the parties
4. Adoption of the terms by the parties in open court, where it is made the judgement of court.

See WOLUCHEM V WOKOMA

Such judgment becomes binding on the parties and enforceable just like any court judgement. An appeal against a consent judgment is not of right. It requires leave of either the high court or the court of appeal: see s241 constitution.
Grounds such as fraud, or its wasn’t an informed judgment can be used.

Default judgement
A judgment obtained as a result of some non-compliance with statutory provision or a rule of practice of a court or default in carrying out an order of court.
Examples:

1. Judgement in default of appearance (filing memo of appearance)
2. Judgement in default of pleadings
3. Judgment in default of appearance at trial

Judgment in default of pleadings
This obtains where a party to an action has defaulted in filing his pleadings within the time limited for so doing by the rules or an order of the court. As a general rule, in the context of the front-loading requirement in the Lagos and Abuja rules.

Summary judgment
A judgment obtained by passing the plenary trial . Different types the important ones are:

1. Undefended list – FCT
2. Order 11 summary judgment

JUDGEMENT IN REM
This is a judgement that is made to bind the whole world and not just the parties to the action.
It deals with the status of the parties. Examples are judgement on matrimonial cause, bankruptcy etc.
JUDGEMENT IN PERSONAM
A judgement that has binding effect on just the parties that are before the court, a person that is not made aparty to such action is generally not bound by the judgement obtained therein. Rather party include the privies, agencies, representatives, legal successors of the parties.
Similarly a person whose interests will necessarily be affected by the outcome of an action but who sat by, and did nottake steps to be joined in such an action is deemed to be a party and will be bound by the outcome of the decision.

EXECUTORY JUDGMENT
A judgment that declares the rights and duties of the parties to an action and also included a bindingorder on the defendant or the judgmentdebtor to take certain steps/ action.

A declaratory judgment
A judgement whereby the court has merely declared the rights and duties of the parties to an action without making any binding enforceable order on the judgment debtor
Cannot be obtained by default, or by admission of the other party BELLO V EWEKA

Final judgment
It generally refers to a judgment whereby the court has decided on the final rights of the parties, leaving nothing pending for decision. There are two main test for determining whether a judgment is final or it is interlocutory:

1. The nature of order test or the test in BOZSON V ALTRINCHAM UDC (1903)

“ Does the order, as made, finally dispose of the rights of the parties? If it does, then I think it ought to be treated as a final order, if it does not, it is then in my opinion an interlocutory order”

1. The nature of the application test

See GILBERT V ENDEAN (1879)
It determines whether a judgment/order is final by the nature or the purpose of the proceedings

Interlocutory judgment
This is used in contradistinction to final judgment. A judgment is an interlocutory one when it does not meet the threshold test for a final judgment.

Consequential order
Made consequent to a substantive order. Made to give effect to a substantive order.
Example, in if a claim for trespass succeeds then a consequential order of perpetual injunction might be made to prevent future incursion/trespass. If even same was not claimed. 

No case submission
Made where after the close of the case for the plaintiff/claimant by the opposite party who says that no case has been made out for it answer.

Timeline 
See generally s 294 Constitution

1. Judgement of any of the courts of superior records is required to be delivered not later than 90 days after the conclusion of evidence and final address
2. Failure to comply may only invalidate the judgment if it occasions miscarriage of justice 
3. A judge who fails to comply with s 294 is under the obligation to inform the NJC of the judgment and the reason therefore

In practice an opportunity for a second address is created by a visit to the locus in quo.

How long do you have to give your final address? In Lagos not more than 20 minutes in Abuja not more than 30 minutes.