LEGAL PRINCIPLE: APPELLATE PRACTICE — Evaluation of Evidence — Circumstances When Appellate Court May Interfere
PRINCIPLE STATEMENT
Where findings of fact are a result of inferences drawn from facts primarily found by the trial court, the appellate court is at liberty to form its own opinion.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in A.G., Ekiti State & Ors v. Daramola & Ors (2003) NLC-1002000(SC) at p. 8; Paras D–E.
"However, where findings of fact are a result of inferences drawn from facts primarily found by the trial court, the appellate court is at liberty to form its own opinion."
EXPLANATION / SCOPE
Inferences drawn from primary facts are reviewable by the appellate court. The principle applies to appellate practice. The appellate court is as well placed as the trial court to draw inferences. The rule allows appellate review. The court may form its own opinion. The principle is well-established.