LEGAL PRINCIPLE: APPELLATE PRACTICE — Supreme Court — Power to Make Necessary Findings Where Trial Court Failed to Do So
PRINCIPLE STATEMENT
Although the Supreme Court rehears a case on appeal only on the records, where it is clear that evidence has been led establishing a fact, it will make the necessary finding which the lower court failed to make.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ibrahim v. Ojomo & Ors (2004) NLC-2492000(SC) at pp. 15–16; Paras E–A.
"Although this court rehears a case on appeal, it does this only on the records and where it is quite clear that evidence has been led in the lower court which establishes a fact, it will make the necessary finding which the lower court failed to make."
EXPLANATION / SCOPE
The Supreme Court can make findings that the lower court failed to make where evidence clearly establishes a fact. The court is limited to the records on appeal. The principle applies to appellate practice. The rule prevents remittal for minor omissions when evidence is clear on the record. The Supreme Court can correct such omissions.
