Legal Principles – Nigerian LawCompass

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Interference with Findings of Fact — Evaluation of Documentary Evidence

"Where the evidence adduced before the trial court is documentary and not based on the demeanour or credibility of witness, the appellate court is in as good a position as...

Appellate Practice Important

APPELLATE PRACTICE — Issues for Determination — Issues Must Derive from Grounds of Appeal

"Issues for determination must fall within the scope or ambit of the grounds of appeal, any issue for determination falling outside the ambit or scope of the grounds of appeal...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Absent Perversity or Miscarriage of Justice

"Nothing has been established by the appellant to show that the said findings are perverse or unsupported by the evidence or that they were arrived at as a result of...

Appellate Practice Important

APPELLATE PRACTICE – Findings of Fact – Limited Grounds for Appellate Interference

"It is trite law that an appellate court will not ordinarily interfere with the findings of fact made by a trial court except in certain circumstances such as where it...

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings of Fact – Supreme Court Will Not Interfere Unless Findings Are Perverse

"There are concurrent findings of fact by the trial court and the Court of Appeal and this court does not, in practice, disturb such concurrent findings unless they have been...

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings of Fact – Limited Grounds for Supreme Court Interference

"It is trite law that unless such findings are found to be perverse or are not supported by the evidence or were reached as a result of a wrong approach...

Appellate Practice Important

APPELLATE PRACTICE — Will — Invalid Devise Does Not Invalidate Entire Will

"Under the Wills Law, a devise or bequest can only be declared void if it contravenes a particular rule of customary law as the devise in Clause II of Exhibit...

Appellate Practice Important

APPELLATE PRACTICE — Evaluation of Evidence — Appellate Court’s Power to Re-Evaluate Evidence Where Trial Court Erred

"I am aware that an appellate court should ordinarily be wary to set aside the findings of a trial court which had the opportunity of seeing and hearing the witnesses....

Appellate Practice Important

APPELLATE PRACTICE — Precedent — Court of Appeal Not Bound by Its Own Erroneous Decision in Conflict with Supreme Court Authority

"Where a previous decision of the Court of Appeal is in conflict with a decision of the Supreme Court, the Court of Appeal is not bound to follow the decision....

Appellate Practice Important

APPELLATE PRACTICE — Power of Appellate Court to Order Retrial — Precondition of Trial Court’s Jurisdiction

"It is curious law, if it is law at all, to expect the Court of Appeal to order a retrial in a matter in which the trial court has no...

Appellate Practice Important

APPELLATE PRACTICE — Decision — Misconception of Case by Appellate Court — Effect on Determination

"It is an established principle of law, arising from the logic of reasoning, that when a court misconceives the nature of what it is called upon to decide, it will...

Appellate Practice Important

APPELLATE PRACTICE — Extension of Time — Power of Registrar — Registrar Cannot Extend Time for Perfecting Conditions of Appeal

"There is no provision in the High Court Rules conferring powers on the Assistant Chief Registrar to extend time within which a party wishing to appeal from the High Court...