LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings of Fact — Interference by Appellate Court — Perverse Findings
PRINCIPLE STATEMENT
An appellate court should not ordinarily disturb findings of fact of the trial court unless the finding is perverse or cannot be supported having regard to the evidence adduced.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Auta v. Ibe (2003) NLC-1481999(SC) at p. 11; Paras D–E.
"An appeal court should not ordinarily disturb the findings of facts of the trial court, unless it is shown that the finding is perverse or cannot be supported having regard to the evidence adduced."
EXPLANATION / SCOPE
Appellate courts defer to trial court findings. Interference requires perversity. The principle applies to all appeals. The appellant must show the finding is unsupported. The rule promotes finality. The court will not re-evaluate evidence. The principle is well-established.