Legal Principles – Nigerian LawCompass

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...

Civil Procedure Important

CIVIL PROCEDURE — Appeal — Interference with Findings of Trial Judge — Proper Inferences from Documentary Evidence

"Where the trial Judge has failed to draw the proper inference from the evidence before him, the court below was in as good a position to draw the proper inference."

Appellate Practice Important

APPELLATE PRACTICE — Interference with Discretion — When Appellate Court May Interfere

"Where the trial court based its exercise of the discretion on matters extraneous to the issues before him, or failed to take relevant facts into consideration, the exercise of the...

Appellate Practice Important

APPELLATE PRACTICE — Findings of Fact — When Appellate Court may interfere with perverse findings

"The law, however permits and indeed expects a Court of Appeal in appropriate circumstances to look at the evidence on record and make an objective finding of fact in place...

Appellate Practice Important

APPELLATE PRACTICE — Findings of Fact — Attitude of Appellate Court to findings of fact by trial court

"It is true that the findings of fact made by a trial court are entitled to respect by an appellate court when it is clear that the trial court has...

Appellate Practice Important

APPELLATE PRACTICE — Interference with Findings of Fact — When Appellate Court May Reverse Trial Court’s Findings

"Where a court of trial, unquestionably evaluates the evidence and makes definite findings of fact, which are fully supported by such evidence and are not perverse, it is not the...

Evidence Law Important

EVIDENCE LAW — Evaluation of Evidence — Primary Duty of Trial Court — Appellate Intervention

"The evaluation of evidence is the primary responsibility of the trial court, and an appellate court will only interfere with a finding of fact made by a trial Judge where...