LEGAL PRINCIPLE: APPELLATE PRACTICE — Findings of Fact — When Appellate Court may interfere with perverse findings
PRINCIPLE STATEMENT
The law permits and expects a Court of Appeal in appropriate circumstances to look at the evidence on record and make an objective finding of fact in place of a perverse finding made by the trial court, all in the interest of justice.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Joe Golday Co. Ltd & Ors v. Co-operative Development Bank Plc (2003) NLC-1282000(SC) at p. 15; Paras C–D.
"The law, however permits and indeed expects a Court of Appeal in appropriate circumstances to look at the evidence on record and make an objective finding of fact in place of a perverse finding made by the trial court. There is a long line of authorities supporting this course, all in the interest of justice."
EXPLANATION / SCOPE
Appellate courts may correct perverse findings. Perversity means findings unsupported by evidence. The principle applies to all appeals. The court will intervene to prevent injustice. The rule is an exception to deference. The appellant must show perversity. The principle is well-established.