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 — 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 — Concurrent Findings — Supreme Court Will Not Interfere Absent Miscarriage of Justice or Violation of Principle

"The law is now settled that the Supreme Court will not interfere with the concurrent findings of facts of the two courts below, unless there is some miscarriage of justice...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Absent Special Circumstances

"This court, in the absence of special circumstances indicating obvious error leading to a miscarriage of justice will not reopen concurrent and consistent questions of fact."

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Interference by Supreme Court Where Findings Are Perverse

"It is trite law that where the findings of trial court and indeed the concurrent findings of the Judge and the Court of Appeal are perverse, this court can interfere...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Absent Exceptional Circumstances

"These are concurrent findings of the two lower courts. There are no exceptional circumstances to warrant the interference of those findings by this court."

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 — 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...