LEGAL PRINCIPLE: CIVIL PROCEDURE — Appellate Practice — Function of Appellate Court — Limited Role
PRINCIPLE STATEMENT
An appellate court does not try a case; it does not see or hear witnesses testify and therefore does not experience the nuances of seeing and hearing witnesses give account of facts upon which findings are based by a trial court.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Layinka & Anor v. Makinde & Ors (2002) NLC-1341998(SC) at p. 10; Paras A–C.
"An appellate court has a limited function in the determination of a dispute between the parties. It does not try a case; it does not see and hear witnesses testify; as a result it does not experience the subtle and often influencing nuances of seeing and hearing witnesses give account of facts upon which findings are based by a trial court."
EXPLANATION / SCOPE
The appellate court’s function is limited to reviewing the trial court’s decision, not retrying the case. It cannot assess witness credibility because it did not see or hear the witnesses. The trial court has the advantage of observing demeanour, tone, and other subtle cues. The appellate court must defer to the trial court’s findings of fact unless they are perverse. The principle recognises the limitations of appellate review. The appellate court focuses on errors of law, not re-evaluation of facts. The rule promotes respect for the trial court’s primary role. The appellate court will not substitute its own factual findings.
