LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Disturb Unless Perverse
PRINCIPLE STATEMENT
This court has held times without number that it will not disturb concurrent findings by the two courts below unless they are shown to be perverse. In the instant case the concurrent findings of the two courts below cannot be faulted and this court has no reason to interfere with them.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Leadway Assurance Company Limited v. Zeco Nigeria Limited (2004) NLC-42000(SC) at p. 9; Paras C–D.
"This court has held times without number that it will not disturb concurrent findings by the two courts below unless they are shown to be perverse. In the instant case the concurrent findings of the two courts below cannot be faulted and this court has no reason to interfere with them."
EXPLANATION / SCOPE
The Supreme Court will not disturb concurrent findings of fact unless they are perverse. Perverse findings are those unsupported by evidence or based on a wrong view of the law. The principle applies to appellate practice. The appellant bears the burden of showing perversity. The rule promotes finality and respects the fact-finding roles of lower courts. The court will not interfere where concurrent findings are reasonably supported by evidence.