APPEAL AGAINST THE WEIGHT OF EVIDENCE

AN APPEAL IS A CONTINUATION OF THE CASE AT THE TRIAL COURT

An appeal is generally taken to be a continuation of the original case started at the first instance court. It is not a new cause of action, See: Oredoyin v. Arowolo (1989) 4 NWLR (Pt.114) 171 at p.211; Adegoke Motors v. Adesanya (1989) 3 NWLR (Pt.109) 250. It is always confined to the consideration of the record which was forwarded from the court below with no new testimony or issues raised in the appellate court. Focussing on the record of appeal placed before it, the appeal court “rehears” the case and may make its own evaluation of the evidence contained in the record of appeal. From that record, the appeal court may review the findings and inferences of fact and, where it considers it proper, may substitutes its own view of the facts for that of the trial court. It may also review the whole proceedings including all the interlocutory decisions given in the trial. It may reject conclusions of the trial court from facts which do not flow from the evidence or may be regarded as perverse. See: Okotie-Eboh and Ors v. Okotie-Eboh and Ors 1986) 1 SC 479 at p.507; Onowan and Anor v. Iserhein (1976) NWLR 263. What the court below did is akin to this principle of practice and procedure.

— I.T. Muhammad, JSC. EFET v INEC (SC.207/2009, 28 January 2011)

CONDITIONS TO BE SATISFIED BEFORE FRESH EVIDENCE CAN BE RECEIVED ON APPEAL

Finally My Lords, on this application, I wish to state that fresh evidence is not received as a matter of course. There are conditions which must co-exist before the court can grant this type of application as can be garnered from decided authorities of this court which include but not limited to Onwubuariri & ors v Igboasoyi & ors (2001) 3 NWLR (pt. 1234) and Adegbite v Amosun (2016) 5 NWLR (pt. 1536) 405 at 422, cases cited by the learned senior counsel for the 2nd Respondent. Simply put, the conditions are that: (1) the fresh evidence could not have been obtained with reasonable diligence at trial, (2) such evidence, if admitted would have important effect on the subject of the appeal, (3) such evidence, ex-facie, is 43 apparently capable of being believed, (4) such evidence would have influenced the judgment of the lower court in favour of the appellants, had it been available and (5) and if such evidence is admitted, further evidences from the opposing party will not be needed.

— I. Okoro JSC. Atiku, PDP v. INEC, Tinubu, APC (SC/CV/935/2023, 26th day of October, 2023)

AN APPEAL ALLOWED SHOULD NOT BE DISMISSED

The lower court cannot hold simultaneously that the appeal is allowed in part yet proceeded to dismiss the appellant’s claims in its entirety particularly when the part of the appeal allowed has to do with the award of the sum of N70,000.00 share of profit to the appellant. To hold as the lower court did was an obvious error which ought not to be allowed to stand. – Onnoghen JSC. Alade v. Alic (2010)

APPEAL FROM TRIAL COURT TO SUPREME COURT

It is elementary law that this court has no jurisdiction to consider the issue which was only decided by the trial court. – Musdapher JSC. Gbadamosi v. Dairo (2007)