LEGAL PRINCIPLE: APPELLATE PRACTICE – Concurrent findings of fact – Attitude of the Supreme Court
PRINCIPLE STATEMENT
In an appeal against a decision based on concurrent findings of fact of the two lower courts, the appellants have an uphill task to satisfy the Supreme Court that those findings are perverse.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ojobo v. Alam (1998) NLC-1101992(SC) at p. 10; Paras D–E.
"This being an appeal against a decision based on concurrent findings of fact of the two courts below the appellants have an uphill task to satisfy this court that those findings are perverse."
EXPLANATION / SCOPE
Concurrent findings create a high burden for the appellant. Perversity must be shown. The principle applies to all appeals. The Supreme Court will not lightly interfere. The rule promotes finality. The appellant must demonstrate clear error. The principle is well-established.