PRINCIPLE STATEMENT

Where there are admitted facts or uncontradicted facts on the record in respect of which a trial court failed to draw a conclusion, a Court of Appeal is at liberty to draw its own conclusions from such facts.

RATIO DECIDENDI (SOURCE)

Per Ogundare, JSC, in Ofondu v. Niweigha (1993) NLC-3151990(SC) at pp. 14; Paras D–E.
"Where there are admitted facts or uncontradicted facts on the record, in respect of which a trial court failed to draw a conclusion, a Court of Appeal is at liberty to draw its own conclusions from such facts."
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EXPLANATION / SCOPE

This principle identifies a specific situation where appellate courts may make independent findings without encroaching on trial court prerogatives. When facts are admitted (by pleadings or stipulation) or uncontradicted (presented by one party without dispute by the other), no credibility assessment or weight-of-evidence evaluation is required—the facts are established. If the trial court failed to draw legal or logical conclusions from these undisputed facts, the appellate court may do so without violating the deference normally owed to trial court findings. The rationale is that drawing conclusions from admitted or uncontradicted facts involves legal reasoning and logical inference rather than credibility judgments or evidence evaluation—tasks within appellate competence. For example: if parties admit that a contract was signed on a particular date, and the trial court fails to conclude whether a limitations period has expired based on that date, the appellate court can make that determination itself using the admitted date. Or if evidence of a particular transaction is uncontradicted, and the trial court fails to determine its legal consequences, the appellate court can supply the missing analysis. This power serves important purposes: (1) it prevents necessity for remand on purely legal or logical questions; (2) it ensures that established facts have proper legal effect; (3) it provides finality rather than requiring retrials for legal determinations; (4) it fully exercises appellate jurisdiction to correct omissions. The principle is limited to situations where facts are truly admitted or uncontradicted—where evidence is disputed or requires credibility assessment, normal deference to trial court findings applies. The appellate court’s role is to draw conclusions from established facts, not to make disputed factual findings in the first instance.

CASES APPLYING THIS PRINCIPLE