LEGAL PRINCIPLE: APPELLATE PRACTICE — Standard of Review — Effect of Unchallenged Findings of Fact
PRINCIPLE STATEMENT
If a finding or decision of a trial court, whether on an issue of fact or law is not challenged in an appeal to the Court of Appeal, such a finding or decision, rightly or wrongly, must not be disturbed for the purpose of the appeal in question.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC Oshodi v. Eyifunmi (2000) NLC-531995(SC) at p. 32; Paras. E–F.
"If a finding or decision of a trial court, whether on an issue of fact or law is not challenged in an appeal to the Court of Appeal, such a finding or decision, rightly or wrongly, must not be disturbed for the purpose of the appeal in question."
EXPLANATION / SCOPE
Findings of fact or law not specifically challenged by a ground of appeal become conclusive in that appeal. The appellate court will not disturb them, even if they appear erroneous, because they are not properly before the court for review. A party must file a cross-appeal or include appropriate grounds challenging any adverse finding they seek to overturn. Failure to do so leaves the finding intact. This rule ensures that appellate courts only address issues properly raised, preventing parties from indirectly attacking findings without formal challenge. It promotes finality and orderly appellate procedure