LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Rarely Disturb Concurrent Findings of Fact
PRINCIPLE STATEMENT
It is elementary law that an appellate court such as the Supreme Court will hardly reverse a concurrent finding of facts.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Ferodo Limited & Anor v. Ibeto Industries Limited (2004) NLC-951999(SC) at p. 18; Paras D–E.
"It is elementary law, that an appellate court such as the Supreme Court will hardly reverse a concurrent finding of facts."
EXPLANATION / SCOPE
The Supreme Court will rarely interfere with concurrent findings of fact made by both the trial court and the Court of Appeal. Such findings are presumed correct because two lower courts independently reached the same factual conclusion. An appellant must show exceptional circumstances such as perversity, violation of law or procedure, or miscarriage of justice to disturb concurrent findings. This serves finality of litigation and prevents the Supreme Court from acting as a third fact-finding instance.