APPELLATE PRACTICE — Concurrent Findings — Supreme Court Practice — Stringent Application Where Findings Based on Credibility
Ratio Decidendi
Per Tabai, JSC, in Okonkwo & Ors v. Okonkwo & Ors (2010) NLC-123-296-2003(SC) at p. 7, paras. A–B:
"This principle of non-interference with findings of a trial court by an appellate court is even more stringently applied when the findings are based on credibility or veracity of witnesses."
Explanation / Scope
This principle establishes that the non-interference principle is applied even more stringently when findings are based on credibility or veracity of witnesses. The principle applies where credibility is in issue. It ensures that the trial court’s advantage in assessing witnesses is respected. The principle reflects the limited scope of appellate review. It prevents unnecessary interference. The court must defer to the trial court. The principle provides guidance on appellate review of credibility findings.