Legal Principles – Nigerian LawCompass

Appellate Practice Important

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

"Appellate courts ought not to interfere with findings of fact of trial courts which had the unique opportunity of seeing and hearing the witnesses give evidence and observing their demeanour...

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings of Fact – Interference by Supreme Court – Exceptional Circumstances Required

"For such findings to be interfered with by this court, exceptional circumstances must be shown by the appellants."

Appellate Practice Important

APPELLATE PRACTICE – Findings of Fact – When Appellate Court May Interfere

"It is an elementary principle of law that an appellate court will not ordinarily interfere with the findings of fact made by the trial court which are supported by evidence...

Appellate Practice Important

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

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

Appellate Practice Important

APPELLATE PRACTICE — Standard of Review — Effect of Unchallenged Findings of Fact

"If a finding or decision of a trial court, whether on an issue of fact or law is not challenged in an appeal to the Court of Appeal, such a...

Appellate Practice Important

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

"It is the duty of Court of Appeal or any appellate Court to interfere with trial court's decision where the trial court never adverted to the most important facts in...

Appellate Practice Important

APPELLATE PRACTICE – Interference with Findings of Fact – When Appellate Court May Not Interfere

"It is now trite law, and it hardly needs citation of authorities to support it, that an appellate court may not lightly interfere with the findings of fact of the...

Appellate Practice Important

APPELLATE PRACTICE – Interference with Findings of Fact – Principles Governing

"Unless findings of fact are perverse, or based on inadmissible evidence, or based on no evidence before court or based on unreasonable conclusions, the appellate court should not interfere."

Appellate Practice Important

APPELLATE PRACTICE – Exercise of Discretion – Interference by Appellate Court – Circumstances Justifying Interference

"It is now settled law that an appellate court will not generally interfere with the exercise of discretion by a lower court unless it is shown that there has been...

Appellate Practice Important

APPELLATE PRACTICE – Exercise of Discretion – Interference by Appellate Court – Principles Governing

"The law is clear that a discretion properly exercised by a trial or lower court will not be lightly interfered with by an appellate court even if the appellate court...

Appellate Practice Important

APPELLATE PRACTICE – Interference with Findings of Fact – Duty of Appellate Court Regarding Findings of Credibility by Trial Court

"Where a trial court has made improper use of the opportunity of seeing and hearing the witnesses i.e., where the finding of the lower court is not supported by the...

Appellate Practice Important

APPELLATE PRACTICE – Interference with Findings of Fact – Role of Appellate Court

"It is not the function of the appellate Court to interfere with the findings of trial court on facts. There are however exemptions to this rule. If findings is not...