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)
SHARE ON
Appellate Court will only interfere with findings of fact of a trial Court, if it is shown that the conclusion reached is not in tune with the flow of evidence, or that the decision was wrong or perverse.
– Afolabi Fabiyi JCA. Mueller v. Mueller (2005)
As the Respondent rightly submitted, each case must be determined upon its own peculiar circumstances as no two cases are identical; they may be similar but not identical – see Admin/Exec., of the Estate of Gen. Abacha V. Eke-Spiff & Ors. (supra).
— A.A. Augie, JCA. Elias v Ecobank (2016) – CA/L/873/2013
The attitude of this Court to concurrent findings of fact, is that it would not usually interfere with such findings unless they are shown to be perverse, not based on the evidence before the Court or where there has been an error of law or error in procedure which has occasioned a miscarriage of justice. The rationale for this position was eloquently stated by His Lordship, Belgore, JSC (as he then was) in Bamgboye v. Olarewaju (1991) LPELR 745 SC as follows: “Once a Court of trial has made a finding of fact, it is no more within the competence of the appellate Court to interfere with those findings except in certain circumstances. The real reason behind this attitude of appellate Courts is that the Court hearing the appeal is at a disadvantage as to the demeanour of witnesses in the lower Court as they were not seen and heard by the appellate Court. It is not right for the appellate Court to substitute its own eyes and ears for those of the trial Court which physically saw the witnesses and heard them and thus able to form an opinion as to what weight he place on their evidence…”
– Abdu Aboki JSC. Junaidu v. State (2021)
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
Now, a court in the determination of a matter before it enquires into and relies on the relevant facts led by parties before it, draws inferences from such facts and the arguments canvassed by the parties or their counsel. Judicial evidence is the means by which the facts relied upon in taking decisions are proved. Facts are proved by oral testimony of the persons who perceived them, by the production of documents and inspections of things or places. Facts can also be proved by admissions, confessions, judicial notice, presumptions and estoppel. A Judge is free to take Judicial notice of all such facts he is either called upon to or from his general knowledge of such facts or from enquiries made by him on such facts from sources to which it is proper for him to refer.
– M.D. Muhammad, J.C.A. Shona-Jason v Omega Air (2005) – CA/L/418/2000
It is also of paramount importance to always have it as a central theme that each case must be examined and decided on its own facts and circumstances as no two cases are alike in all particulars.
– Gumel, JCA. Ehanire v. Erhunmwuse (2007)
Click the icons to like, follow, and join JPoetry