LEGAL PRINCIPLE: APPELLATE PRACTICE — Appeals — Concurrent Findings of Fact Not Disturbed Unless Perverse
PRINCIPLE STATEMENT
The law is elementary that courts do not act in vain but for a purpose, and the purpose must be definite. Concurrent findings of fact by two lower courts will not be disturbed unless they are perverse.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Agbana v. Owa & Ors (2004) NLC-832000(SC) at pp. 10, 14; Paras D–A.
"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 findings of the two lower courts. I do not see my way clear in disturbing the concurrent findings because they are not perverse."
EXPLANATION / SCOPE
Concurrent findings of fact are binding on the Supreme Court. The principle applies to all appeals. Interference requires perversity. The rule promotes finality and judicial efficiency. The appellant must demonstrate that the findings are perverse. The principle is well-established.