APPELLATE PRACTICE — Evaluation of Evidence — Attitude of Appellate Court — No Substitution of Own View
Ratio Decidendi
Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at p. 17; Paras A—D:
"Generally speaking, the attitude of the appellate Court to evaluation of evidence by the trial Court is that where a trial Court unquestionably evaluates the evidence of and appraises the facts, it is not the business of an appellate Court to substitute its own view to those of the appellate Court. What an appellate Court is required to do is simply to find out from the record whether there is evidence on which the trial Court could have acted or on which its findings are based. Once that is achieved, the appellate Court cannot interfere with the decision of the trial Court."
Explanation / Scope
This principle establishes that where the trial court properly evaluates evidence and appraises facts, the appellate court should not substitute its own view. The appellate court only determines whether there is evidence supporting the findings. The principle applies where findings of fact are challenged. It ensures that the trial court’s evaluation is respected. The principle reflects the limited scope of appellate review. It prevents unnecessary interference. The court must defer to the trial court. The principle provides guidance on evaluation of evidence.