LEGAL PRINCIPLE: APPELLATE PRACTICE — Findings of Fact — Attitude of Appellate Court to findings of fact by trial court
PRINCIPLE STATEMENT
Findings of fact by a trial court are entitled to respect when the trial court has adequately performed its duty of evaluating evidence. Such findings are to be approached with due caution, not on the basis that the appellate court might have found otherwise. The essential consideration is that there is enough evidence on record to support the findings.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Joe Golday Co. Ltd & Ors v. Co-operative Development Bank Plc (2003) NLC-1282000(SC) at p. 15; Paras A–B.
"It is true that the findings of fact made by a trial court are entitled to respect by an appellate court when it is clear that the trial court has adequately performed its primary duty of evaluating and ascribing probative values to the evidence before it. In such circumstances, such findings are to be approached by an appellate court with due caution and not on the basis that it would or might itself have found otherwise. The essential consideration is that there is enough evidence on record from which the trial court's findings can be supported."
EXPLANATION / SCOPE
Appellate courts defer to trial court findings supported by evidence. The principle applies to all appeals. The court will not substitute its own view. The rule promotes finality. The appellant must show error. The principle is well-established.