Principle

APPELLATE PRACTICE — Appeals — Concurrent Findings — Interference Only Where Findings Are Perverse or Not Borne Out by Evidence

Area of law
APPELLATE PRACTICE
Court
Supreme Court

An appellate court cannot interfere where the trial Judge's findings are traceable to and borne out by evidence. The trial Judge's advantage of seeing and hearing witnesses is decisive. The principle applies to appellate practice. The rule respects the trial court's primary fact-finding role. Interference…

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