Legal Principles – Nigerian LawCompass

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 — Concurrent Findings — Supreme Court Will Not Usurp Trial Court’s Function to Make Primary Findings of Fact

"In a matter of this nature, the Supreme Court cannot function outside its normal constitutional role as an appellate court which is to consider whether issues raised in the trial...

Appellate Practice Important

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

"It is an established principle that as a matter of policy, once it is clear that the findings of the two courts below are reasonably justified by the evidence and...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Burden on Appellant to Show Impropriety

"It is, of course, also settled that the onus lies on an appellant to show that there are special circumstances to warrant interference by this court with concurrent findings of...

Appellate Practice Important

APPELLATE PRACTICE — Appeals — Concurrent Findings of Fact Not Disturbed Unless Perverse

"The law is elementary that courts of law do not act in vain but for a purpose, and the purpose must be definite. … I see in this case concurrent...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — When the Supreme Court Will Interfere

"The law is settled that this court will not interfere with the concurrent findings of fact made by both the High Court and the Court of Appeal where the findings...

Appellate Practice Important

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

"It is not the practice of this court to interfere with such concurrent findings of the two lower courts except where such findings are perverse or unsupported by evidence or...

Appellate Practice Important

APPELLATE PRACTICE — Appeals — Concurrent Findings of Fact — When This Court Will Interfere

"In order that concurrent findings of fact may stand the test and enjoy respect, they must be such that can justifiably be defended primarily from the available evidence. Such findings...

Appellate Practice Important

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

"Where there are concurrent findings of fact and there is no discernible perversion the verdict should not be disturbed by this court. In cases where there are concurrent findings of...

Appellate Practice Important

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

"This appeal is on concurrent findings of the trial court and the Court of Appeal. Ordinarily this court will not interfere with the decisions of these courts except where there...

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 — Concurrent Findings — Effect of Intermediate Court Reversal on Concurrent Findings

"The mere fact that the Customary Court of Appeal came in between the Customary Court and the Court of Appeal did not destroy the concurrent findings of the two courts....