LEGAL PRINCIPLE: APPELLATE PRACTICE – Concurrent Findings of Fact – Attitude of Supreme Court

The Supreme Court will not interfere with concurrent findings of fact by two lower courts unless there is an error on the face of the record occasioning a miscarriage of justice. The appellant must demonstrate manifest error or injustice. Mere disagreement is insufficient. The principle respects the fact-finding roles of lower courts and promotes finality. The error must be clear from the record—not requiring extrinsic evidence. The miscarriage of justice must be substantial. The court will not re-evaluate evidence simply because it might have reached a different conclusion. The burden on the appellant is heavy. Interference is exceptional, not routine. The principle applies to all appeals against concurrent findings.