LEGAL PRINCIPLE: APPELLATE PRACTICE – Powers of Appellate Court – Authority to Evaluate Evidence and Enter Correct Verdict
PRINCIPLE STATEMENT
Under Section 16 of the Court of Appeal Act and applicable rules, the Court of Appeal has power to enter a verdict of dismissal if that would have been the correct verdict on the evidence, and has power to evaluate evidence that the trial court failed to consider and make correct findings.
RATIO DECIDENDI (SOURCE)
"Under Section 16 of the Court of Appeal Act, 1976 and Order 26 of the Court of Appeal Rules, 1981, that court is vested with power to enter a verdict of dismissal of the plaintiffs' case if on the evidence, that would have been the correct verdict the trial court ought to have entered... It is also within the power of the Court of Appeal to evaluate the evidence which the trial court had failed to consider, and make correct findings."
EXPLANATION / SCOPE
This principle confirms the Court of Appeal’s extensive powers to correct trial court errors and ensure justice on the merits. The Court of Appeal is not limited to identifying errors and remanding for retrial; it can exercise original jurisdiction-like powers to enter the correct verdict based on the evidence. This includes power to: (1) dismiss a plaintiff’s case if the evidence does not support judgment in their favor, even if the trial court improperly granted judgment; (2) evaluate evidence that the trial court overlooked, ignored, or failed to properly consider; (3) make independent findings of fact where the trial court’s findings are unsupported or where material evidence was not evaluated; and (4) substitute its own conclusions for those of the trial court when warranted by the evidence. These powers serve efficiency and justice by allowing the Court of Appeal to render final decisions rather than ordering retrials when the evidence clearly supports a particular outcome. The principle recognizes that while appellate courts generally defer to trial court fact-finding (particularly regarding witness credibility), they retain ultimate authority to evaluate all evidence and make necessary findings. This is particularly important where trial courts have made legal errors in evaluating evidence, failed to consider material evidence, or reached conclusions unsupported by the record. The Court of Appeal’s powers under Section 16 transform it from a mere review court into one capable of doing complete justice on the existing record, preventing multiplicity of proceedings and ensuring that errors do not require costly and time-consuming retrials when the evidence clearly points to the correct outcome.