LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Absent Exceptional Circumstances
PRINCIPLE STATEMENT
These are concurrent findings of the two lower courts. There are no exceptional circumstances to warrant the interference of those findings by this court.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ezemba v. Ibeneme & Anor (2004) NLC-1422000(SC) at p. 14; Paras C–D.
"These are concurrent findings of the two lower courts. There are no exceptional circumstances to warrant the interference of those findings by this court."
EXPLANATION / SCOPE
The Supreme Court will not interfere with concurrent findings of two lower courts absent exceptional circumstances. The appellant must demonstrate special reasons justifying interference. The principle applies to appellate practice. The rule promotes finality and respect for lower court fact-finding. The court will not re-evaluate evidence merely because it might differ. Exceptional circumstances include perversity or miscarriage of justice.
