LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Absent Special Circumstances
PRINCIPLE STATEMENT
This appeal is on concurrent findings of the trial court and the Court of Appeal. Ordinarily, the Supreme Court will not interfere with these decisions except where there are special circumstances. No such special circumstances were shown.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Otun & Ors v. Otun & Anor (2004) NLC-2051999(SC) at p. 13; Paras D–E.
"This appeal is on concurrent findings of the trial court and the Court of Appeal. Ordinarily this court will not interfere with the decisions of these courts except where there are special circumstances to do so. This principle has been well established over the years and needs no authority in support. No such special circumstances were shown in this appeal to disturb those findings."
EXPLANATION / SCOPE
Concurrent findings are binding. Special circumstances must be shown for interference. The principle applies to all appeals. The appellant bears a heavy burden. The rule promotes finality. The principle is well-established.