LEGAL PRINCIPLE: APPELLATE PRACTICE — Appeals — Concurrent Findings of Fact — When This Court Will Interfere
PRINCIPLE STATEMENT
Concurrent findings of fact must be justifiably defended from the available evidence. Where they are not, they foster a miscarriage of justice, and the court will not be inhibited from entertaining an appeal from them and setting them aside.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Mojekwu v. Iwuchukwu (2004) NLC-112000(SC) at p. 17; Paras B–C.
"In order that concurrent findings of fact may stand the test and enjoy respect, they must be such that can justifiably be defended primarily from the available evidence. Such findings notably foster a miscarriage of justice and this court will not be inhibited from entertaining an appeal from them and setting them aside."
EXPLANATION / SCOPE
Concurrent findings must be supported by evidence. If not, the court may interfere. The principle applies to all appeals. The rule ensures that only sound findings stand. The appellant must show lack of evidentiary support. The principle is well-established.