APPELLATE PRACTICE — Interference with Findings of Fact — When Appellate Court Will Interfere with Findings of Trial Court
Ratio Decidendi
Per Fabiyi, JSC, in Olodo & Ors v. Josiah & Ors (2010) NLC-123-2-2003(SC) at p. 3; Paras D–E:
"An appellate court will not interfere with findings of fact except where wrongly applied to the circumstance of the case or conclusion reached was perverse or wrong."
Explanation / Scope
This principle establishes that appellate courts will not interfere with trial court findings of fact unless they are wrongly applied to the circumstances, perverse, or wrong. The principle applies where findings of fact are challenged. It ensures that trial court findings are respected. The principle reflects the limited scope of appellate review. It prevents unnecessary interference. The court must find an exception. The principle provides guidance on when appellate courts will interfere with findings of fact.