LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings of Fact — When Supreme Court Will Disturb
PRINCIPLE STATEMENT
Where there are concurrent findings of fact and no discernible perversion, the verdict should not be disturbed. Their findings cannot be disturbed without substantial error apparent on the record.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Kwajaffa & Ors v. Bank of the North Ltd (2004) NLC-892000(SC) at p. 34; Paras C–E.
"Where there are concurrent findings of fact and there is no discernible perversion the verdict should not be disturbed by this court. In cases where there are concurrent findings of fact their findings cannot be disturbed without substantial error apparent on the record of proceedings."
EXPLANATION / SCOPE
Concurrent findings are binding. Interference requires substantial error or perversity. The principle applies to all appeals. The appellant bears a heavy burden. The rule promotes finality. The principle is well-established.
