PRINCIPLE STATEMENT

The law is trite that a conclusion or finding not appealed against is deemed correct until the contrary is shown.

RATIO DECIDENDI (SOURCE)

Per Onu, JSC, in Biariko v. Edeh-Ogwuile & Ors (2001) NLC-741996(SC) at p. 24; Paras A–B.
"The law is trite that a conclusion or finding not appealed against is deemed correct until the contrary is shown."
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EXPLANATION / SCOPE

A finding or conclusion not appealed against is deemed correct. The party who fails to appeal an adverse finding cannot later challenge it. The finding remains binding on the parties. The principle ensures finality and prevents piecemeal appeals. The opposing party may rely on the unchallenged finding. The appellate court will not disturb findings not properly challenged. The rule applies to findings of fact and law. The only exception is where the finding is a nullity or goes to jurisdiction. The principle encourages parties to identify all adverse findings they wish to challenge. Failure to appeal constitutes acceptance. The deemed correctness is conclusive for the purpose of the appeal.

CASES APPLYING THIS PRINCIPLE