Legal Principles – Nigerian LawCompass

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Disturb Unless Perverse

"This court has held times without number that it will not disturb concurrent findings by the two courts below unless they are shown to be perverse. In the instant case...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Unless Miscarriage of Justice Occurs

"It is now a settled practice that the Supreme Court will not interfere with concurrent findings of the lower courts unless they are not justified by the evidence and have...

Appellate Practice Important

APPELLATE PRACTICE — Issue Formulation — Court Raising Issue Suo Motu — Obligation to Hear Parties Before Deciding

"There can be no doubt that courts of law have the power to raise suo motu relevant issue or issues which are not before the court for the determination of...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Appeal Involving Questions of Law Alone — Leave Not Required for Interlocutory Decisions

"Section 241 (1) (b) of the 1999 Constitution provides that an appeal may be as of right from the decisions of the High Court to the Court of Appeal in...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Omnibus Ground in Civil Cases Must Be Framed as Judgment Against Weight of Evidence

"In civil cases which are decided on the basis of preponderance or balance of evidence, the omnibus ground of appeal is simply that the judgment is against the weight of...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Interfere Where Findings Are Perverse and Unsupported by Evidence

"I am not unaware of the well-settled principle of law that this court does not interfere with the concurrent findings of facts of two lower courts as in this case...

Appellate Practice Important

APPELLATE PRACTICE — Interference with Findings of Fact — When Appellate Court May Interfere

"I hold the view that this principle applies only where the decisive issue was the credibility of the witnesses and not where the findings were based on evaluation of evidence...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Attitude of Supreme Court to Concurrent Findings of Fact

"This court, has, in several decisions, expressed its attitude to concurrent findings of fact by lower courts. There are so many decisions over several decades and it seems parties will...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Rarely Disturb Concurrent Findings of Fact

"It is elementary law, that an appellate court such as the Supreme Court will hardly reverse a concurrent finding of facts."

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Incompetence of Grounds of Fact or Mixed Law and Fact Without Leave

"As leave was not sought and granted, the grounds that is grounds 3, 4 and 6 are hereby struck out. ... Where grounds of appeal are struck out, arguments canvassed...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Unless Findings Perverse or Occasion Miscarriage of Justice

"This court will not in principle interfere with concurrent findings of fact unless special reasons justify such interference. That is where there is a miscarriage of justice arising from a...

Appellate Practice Important

APPELLATE PRACTICE — Rules of Court — Compliance — Rules Not Made for Fun

"It is elementary law that rules of court must be obeyed or complied with, as they are not made for fun. Rules of court are meant to be complied with...