LEGAL PRINCIPLE: APPELLATE PRACTICE — Unappealed Findings — Conclusive and Binding Effect
PRINCIPLE STATEMENT
It is trite law that a finding against which there is no appeal remains binding and conclusive.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC) at pp. 23–24; Paras E–A.
"It is trite law that a finding against which there is no appeal remains binding and conclusive: see Alakija v. Abdulahi (1998) 6 NWLR (Pt. 552) 1 at p. 24, Odiase v. Agho (1972) All NLR (Pt. 1) 170; Foreign Finance Corps. v. L.S.D.P.C. (1991) 1 NSCC 520, P.N. Udoh Trading Co. Ltd. v. Abere (2001) 11 NWLR (Pt. 723) 114 at 146, Yesufu v. Kupper International N.V. (1996) 5 NWLR (Pt. 446) 17, Nwabueze v. Okoye (1988) 4 NWLR (Pt. 91) 664."
EXPLANATION / SCOPE
Findings not appealed against are binding and conclusive. The principle applies to appellate practice. The appellant cannot challenge a finding without a ground of appeal. The rule promotes finality and fairness. The respondent is entitled to rely on unchallenged findings. The principle is fundamental.