LEGAL PRINCIPLE: APPELLATE PRACTICE — Evaluation of Evidence — Perverse Findings
PRINCIPLE STATEMENT
Where the evaluation of evidence leading to a trial judge's finding is perverse (not borne out by the evidence), an appellate judge may reverse that evaluation and the resulting finding.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Gaji & Ors v. Paye (2003) NLC-4099(SC) at pp. 19–20; Paras E–A.
"But where the evaluation of the evidence which led to the finding of a trial Judge is perverse, an appellate Judge is in a good position to reverse such evaluation and therefore the finding that resulted in the evaluation: This is because the evaluation and subsequent finding is not borne out from the evidence of the witness."
EXPLANATION / SCOPE
Perverse findings can be reversed on appeal. Perversity means findings unsupported by evidence. The principle applies to all appeals. The appellate court has the power to correct manifest error. The rule ensures justice. The appellant must show perversity. The principle is well-established.