APPELLATE PRACTICE — Award of Damages — Appellate Intervention — When Justified
Ratio Decidendi
Per Mukhtar, JSC, in Ajagbe v. Idowu (2011) NLC-123-271-2003(SC) at pp. 19—20; Paras E—A:
"It is a well grounded principle of law that an appellate court will review an award of damages downwards where it finds it excessive or not in accordance with the principle of law. It is also a cardinal principle of law that even though an appellate court will not ordinarily interfere with findings of a lower court, it behoves an appellate court to interfere with the findings where they are not supported by credible evidence, are perverse and may have occasioned miscarriage of justice."
Explanation / Scope
This principle establishes that an appellate court will review an award of damages downwards if excessive or not in accordance with law, and will interfere with findings of a lower court where they are unsupported by credible evidence, perverse, or have occasioned a miscarriage of justice. The principle applies where damages or findings are challenged. It ensures that excessive awards are corrected. The principle reflects the limited but necessary scope of appellate intervention. It prevents injustice from unsupported findings. The court must find an exception. The principle provides guidance on appellate intervention with damages.