Ratio Decidendi

Per Tobi, JSC, in Arisons Trading & Engineering Company Ltd v. The Military Governor of Ogun State & Ors (2009) NLC-123-209-1999(SC) at p. 29; Paras A–C:

"It is a principle of law that an appellate court will not interfere with the findings of a trial Judge as a matter of routine or by way of parading appellate power. On the contrary, an appellate court can only interfere with the findings of a trial Judge where while the trial Judge watches the demeanour of the witness, an appellate court has not such an opportunity. It has to look at the cold Records before the trial Judge and come to a decision. And so when the findings of fact are not traced or traceable to the Record, an appellate court will be correct to substitute its own findings based on the Record."
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Explanation / Scope

This principle establishes that appellate courts will not interfere with trial court findings as a matter of routine. Interference is only justified where findings are not traceable to the record. The trial court has the advantage of seeing witnesses; the appellate court works from the cold record. The principle applies where findings of fact are challenged. It ensures respect for trial court findings. The principle reflects the limits of appellate review. It prevents appellate courts from substituting their views. The court must determine if findings are traceable to the record. The principle provides guidance on appellate interference with factual findings.

Cases Applying This Principle

Arisons Trading & Engineering Company Ltd v. The Military Governor of Ogun State & Ors