Legal Principles – Nigerian LawCompass

Civil Procedure Important

CIVIL PROCEDURE — Appellate Practice — Appellate Court Will Interfere with Exercise of Discretion Only Where Wrongly Exercised

"The true principle I believe, is that, for an appellate court to interfere with the exercise of the discretionary power vested in the courts below, it must be shown how...

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 — Interference with Findings of Fact — When Decision is Perverse

"A decision of a court is perverse when it ignores the facts or evidence before it and, when considered as a whole, amounts to a miscarriage of justice. In such...

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 — 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 — 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 — Interference with Findings of Fact — When an Appellate Court May Reverse Findings of a Trial Court

"The law is that an appellate court will not ordinarily interfere with the findings of the trial court except in circumstances such as where the trial court has not made...

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 — 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 Disturb Concurrent Findings of Fact

"This court will not disturb such concurrent findings of fact unless a substantial error apparent on the face of the record of proceedings is shown or when such findings are...

Appellate Practice Important

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

"This court will not ordinarily interfere with such findings unless special circumstances are shown to justify such interference. These circumstances have been explained in various decisions of this court and...

Appellate Practice Important

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

"This court ought not to disturb or lightly depart from concurrent findings of fact of the two lower courts as it has no opportunity of seeing and listening to the...