LEGAL PRINCIPLE: CIVIL PROCEDURE — Findings of Fact — Credibility of Witnesses — Appellate Respect
PRINCIPLE STATEMENT
The appraisal of evidence and ascription of probative value is the primary duty of a trial court. Where the issue turns on credibility of witnesses, the opinion of the trial court must be respected. An appellate court does not re-evaluate evidence to interfere with trial court findings.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Osolu & Ors v. Osolu & Ors (2003) NLC-571998(SC) at pp. 11–12; Paras E–A.
"The appraisal of evidence and ascription of probative value is the primary duty of a trial court and where the issue turns on credibility of witnesses, the opinion of the trial court must be respected. An appellate court does not embark on reevaluation of the evidence of witnesses in order to use it as an excuse for interfering with the findings of the trial court."
EXPLANATION / SCOPE
Trial court findings on witness credibility are entitled to deference. The principle applies to all appeals. The appellate court will not re-evaluate credibility. The rule respects the trial court’s advantage. The appellant must show perversity. The principle is well-established.
CASES APPLYING THIS PRINCIPLE
None recorded.