LEGAL PRINCIPLE: CIVIL PROCEDURE — Appeal — Interference with Findings of Trial Judge — Proper Inferences from Documentary Evidence
PRINCIPLE STATEMENT
Where the trial judge has failed to draw the proper inference from the evidence before him, the court below was in as good a position to draw the proper inference.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ogbogu & Ors v. Ugwuegbu & Anor (2003) NLC-1151998(SC) at p. 25; Paras A–C.
"Where the trial Judge has failed to draw the proper inference from the evidence before him, the court below was in as good a position to draw the proper inference."
EXPLANATION / SCOPE
Appellate courts may draw proper inferences from documentary evidence. The principle applies to appeals. The trial court’s advantage does not extend to inferences from documents. The rule allows correction of errors. The appellate court is equally positioned. The principle is well-established.