LEGAL PRINCIPLE: EVIDENCE LAW — Weight of Evidence — Findings Not Supported by Evidence Are Perverse and Cannot Sustain Judgment
PRINCIPLE STATEMENT
It is the law that perverse findings cannot sustain a judgment even if upheld on appeal by the Court of Appeal. The court below was in error to have upheld the said perverse findings of fact. This court has a duty to set them aside. The reliance on exhibit D1 by the two courts below to defeat the plaintiffs' case led to a miscarriage of justice.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Jolayemi & Ors v. Alaoye & Anor (2004) NLC-1062000(SC) at pp. 26–27; Paras E–A.
"It is the law that perverse findings cannot sustain a judgment even if upheld on appeal by the Court of Appeal. The court below was in error to have upheld the said perverse findings of fact. This court has a duty to set them aside. The reliance on exhibit D1 by the two courts below to defeat the plaintiffs' case led to a miscarriage of justice."
EXPLANATION / SCOPE
Perverse findings cannot sustain a judgment even if affirmed by the Court of Appeal. The Supreme Court has a duty to set aside such findings. The principle applies to appellate practice. Perverse findings are those unsupported by evidence. The rule ensures judgments are based on evidence, not speculation. A miscarriage of justice resulting from perverse findings requires appellate intervention.