LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings of Fact — When Concurrent Findings Will Be Disturbed
PRINCIPLE STATEMENT
Where a trial court fails to make findings on material issues or approaches evidence wrongly, the appellate court will have no alternative but to allow the appeal. A retrial may be ordered where there is an error or irregularity that does not render the trial a nullity.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Morenikeji & Ors v. Adegbosin & Ors (2003) NLC-171999(SC) at p. 20; Paras A–C.
"Where a court of trial fails to make findings on material and important issues of fact or approaches the evidence called by the parties wrongly, the appellate court will have no alternative but to allow the appeal. An appellate court will, however, order a retrial where there has been such an error in law or an irregularity in procedure which neither renders the trial a nullity nor makes it possible for the appellate court to say there has been no miscarriage of justice and there are no special circumstances as would render it oppressive to put the parties on trial a second time."
EXPLANATION / SCOPE
Concurrent findings may be disturbed if trial court failed in its duty. The principle applies to all appeals. The appellate court may order a retrial. The rule ensures justice. The appellant must show error. The principle is well-established.