LEGAL PRINCIPLE: CIVIL PROCEDURE — Evaluation of Evidence — Appellate Court — Not Bound to Follow Trial Court’s Approach
PRINCIPLE STATEMENT
An appellate court is not bound to consider the appeal before it as a trial court. Its duty is to determine whether the trial court considered the dispute between the parties as laid down in established cases.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Usman v. Garki (2003) NLC-1411999(SC) at p. 8; Paras A–B.
"An appellate court is not bound to consider the appeal before it as a trial court. The duty of an appellate court is to determine whether the trial court considered the dispute between the parties as laid down in the case of Chief Woluchem & Ors. v. Chief Simon Gudi & Ors."
EXPLANATION / SCOPE
The appellate court reviews the trial court’s decision, not the case afresh. The principle applies to appellate practice. The court examines whether the trial court properly considered the issues. The rule prevents re-litigation. The appellate court will not re-evaluate evidence unnecessarily. The principle is well-established.