LEGAL PRINCIPLE: APPELLATE PRACTICE – Concurrent findings of fact – When Supreme Court will not interfere
PRINCIPLE STATEMENT
Where there are two concurrent findings of fact by the two lower courts, and the appellant has not established any ground to convince the court that the decisions ought to be disturbed, the Supreme Court will not interfere.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Vanderpuye v. Gbadebo (1998) NLC-2341990(SC) at p. 9; Paras D–E.
"Finally, this appeal is based on facts. There are two concurrent findings of fact by the two lower courts. The appellant has not established any ground to convince me that the decisions of the two lower courts ought to be disturbed."
EXPLANATION / SCOPE
Concurrent findings bind the Supreme Court. The appellant must demonstrate error. The principle applies to all appeals. The Supreme Court will not re-evaluate evidence. The rule promotes finality. The appellant bears a heavy burden. The principle is well-established.