APPELLATE PRACTICE — Concurrent Findings — Respect for Trial Court’s Evaluation of Evidence
Ratio Decidendi
Per Ogbuagu, JSC, in Omotayo v. Co-operative Supply Association (2010) NLC-123-155-2002(SC) at p. 10; Paras A–C:
"The function of assessment of credibility of Witnesses, is essentially for the trial court and not that of the Appellate Court... the attitude of an Appellate Court, is to be slow to interfere with such decision of a trial court."
Explanation / Scope
This principle establishes that credibility assessment is the primary function of the trial court, which saw and heard the witnesses. Appellate courts must be slow to interfere with such assessments. The principle applies where witness credibility is in issue. It ensures that the trial court’s advantage is respected. The principle reflects the limitations of appellate review. It prevents appellate courts from substituting their views on credibility. The court must defer to the trial court’s findings unless clearly wrong. The principle provides guidance on appellate review of credibility findings. It ensures that the trial court’s role is preserved.