APPELLATE PRACTICE — Concurrent Findings of Fact — Interference by Supreme Court — Requirements for Disturbance
Ratio Decidendi
Per Musdapher, JSC, in Ogunyade v. Oshunkeye & Anor (2007) NLC-123-364-2002(SC) at p. 9; Paras A–D:
"Both the trial court and the Court of Appeal accepted the evidence led by the respondents and found the appellant guilty of acts of trespass. These are findings of fact borne out of credible evidence accepted by two lower courts. This court will not ordinarily interfere or disturb these findings unless it is clearly shown that the findings are perverse or not supported by evidence led."
Explanation / Scope
The Supreme Court respects concurrent findings of fact by two lower courts, presuming them correct. Such findings will not be disturbed unless they are perverse, not supported by evidence, based on a wrong application of law, or result in a substantial miscarriage of justice. The appellant bears the burden of showing that an exception applies.