LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Burden on Appellant to Show Impropriety
PRINCIPLE STATEMENT
The onus lies on an appellant to show that there are special circumstances to warrant interference by the Supreme Court with concurrent findings of fact of the two courts below. The burden must be clearly discharged, otherwise the Supreme Court will not re-open those facts for re-evaluation.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ojo & Ors v. Anibire & Ors (2004) NLC-312000(SC) at p. 14; Paras A–B.
"It is, of course, also settled that the onus lies on an appellant to show that there are special circumstances to warrant interference by this court with concurrent findings of fact of the two courts below. The burden must be clearly discharged otherwise the Supreme Court will not re-open those facts for re-evaluation."
EXPLANATION / SCOPE
The appellant bears the burden of showing special circumstances for interfering with concurrent findings. The principle applies to appellate practice. The burden must be clearly discharged. The rule promotes finality. The Supreme Court will not re-evaluate evidence without justification. The principle is well-established.