LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Attitude of Supreme Court to Concurrent Findings of Fact
PRINCIPLE STATEMENT
This court has, in several decisions, expressed its attitude to concurrent findings of fact by lower courts. There are so many decisions over several decades and it seems parties will never stop asking the court to reverse concurrent findings of fact.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Arinze v. FBN Ltd (2004) NLC-822000(SC) at pp. 3–4; Paras E–A.
"This court, has, in several decisions, expressed its attitude to concurrent findings of fact by lower courts. There are so many decisions over several decades and it seems parties will never stop asking the court to reverse concurrent findings of fact."
EXPLANATION / SCOPE
The Supreme Court has consistently held that it will rarely disturb concurrent findings of fact made by both the trial court and the Court of Appeal. This attitude reflects respect for the fact-finding roles of lower courts and promotes finality in litigation. Despite this clear and repeatedly stated position, parties continue to ask the Supreme Court to reverse such findings. The court cannot interfere unless the findings are perverse, violate law or procedure, or cause miscarriage of justice.