I agree with the law that an appellate court should not interfere with the findings of fact by a trial court once the findings are based on the evidence upon the pleading of the parties. The appellate court can however interfere where the trial court failed to inter alia make findings or arrived at inconsistent findings on a crucial issue raised by the parties.
– Onnoghen JCA. Union Bank v. Akinrinmade (1999)
SHARE ON
It is true that the Court of Appeal will be reluctant to upset the findings of fact of a trial court but where as in this case the learned trial court draws wrong conclusions from the totality of the evidence before it, the Court of Appeal will and in fact has a duty to reverse the wrong conclusions and make findings that the facts before it demand.
– Babalakin JSC. Finnih v. Imade (1992)
The law remains that an Appellate Court is reluctant to upset a finding of fact made by a trial court which had the opportunity of listening to witnesses testify and observing their demeanour and that evaluation of evidence and the ascription of probative value thereto are the primary functions of a trial court which saw, heard and assessed the witnesses. Where a trial court clearly evaluated the evidence of the parties and justifiably appraised the facts, it is not the business of an Appellate Court to substitute its own views of the facts for those of the trial court. It is only where the trial court is proved to have abdicated this function or in carrying out the function makes an unsound finding that an Appellate Court can justifiably step in to do so or set aside such unsound finding for being perverse. (See Oduwole v Aina (2001) 17 NWLR (Part 741) 1 at 47 and Udengwu v Uzuegbu (2003) 13 NWLR (Part 836) 36 at 156).
— Onnoghen JSC. Ndukwe v LPDC [2007] – SC 48/2003
A perverse finding is a wrong, unreasonable or unacceptable finding, having due regard to the evidence before the court. A perverse finding is one not supported by the evidence before the court. It is a finding raised on a wrong assessment of the evidence before the court. A finding of fact based on exaggerated or bloated evidence on the part of the trial court could be perverse. So too finding of fact borne out from addition or subtraction from the evidence before the court.
— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008
It is settled that where a court of trial unquestionably evaluates the evidence and appraises the facts it is not the business of a Court of Appeal to substitute its own views for the trial court. It is equally settled that a Court of Appeal should not easily disturb the findings of fact of a trial Judge who had the singular opportunity of listening to the witnesses and watching their performance although such findings of fact or the inferences drawn from them may be questioned in certain circumstances (See for example Akinola v. Fatoyimbo Oluwo & 0rs ( 1962) 1 SCNLR 352: (1962) 1 All NLR 244: Fabumiyi & 0rs. V. Obaje & Anor (1968) NMLR 242; Fatoyinbo Williams (1956) SCNLR 274: (1956) 1 FSC 87.
— Kutigi, JSC. Awaogbo & Ors. v. Eze (1995) – SC.69/1991
In fact what the appellant is trying to do with Exhibit ‘B’ in this case is to transfer a finding of fact from one case to another which the law says he cannot do. – Mohammed JCA. Rufukka v. Kurfi (1996)
It is settled law that the appraisal of facts is the duty of the trial Judge and the Appellant court will only intervene when the finding is perverse or wrongly made. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)
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