APPELLATE PRACTICE — Concurrent Findings of Fact — When Supreme Court Will Interfere
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at pp. 5—6; Paras E—A:
"It is very well settled that concurrent findings by the trial court and the court of Appeal would not be disturbed by the Supreme Court except there has been exceptional circumstances to disturb those findings such as: The findings cannot be supported by evidence, or are perverse. There is miscarriage of justice or violation of law or procedure."
Explanation / Scope
This principle establishes that concurrent findings of fact by the trial court and Court of Appeal will not be disturbed by the Supreme Court except in exceptional circumstances: findings unsupported by evidence or perverse, miscarriage of justice, or violation of law or procedure. The principle applies where concurrent findings are challenged. It ensures that findings are respected. The principle reflects the limited scope of appellate review. It prevents unnecessary interference. The court must find an exception. The principle provides guidance on when the Supreme Court will interfere.