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APPELLATE COURT RARELY INTERFERES WITH TRIAL COURT’S FINDING

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Dictum

The law is settled that on issues of facts, evaluation of evidence and the credibility of witnesses are matters within the exclusive competence and domain of the trial Court. See CHIEF FRANK EBA v. CHIEF WARRI OGODO & ANOR. (1984) 12 SC 133 at 176; DANIEL SUGH v. THE STATE (1988) NWLR (pt.77) 475. Where the trial Court finds a witness credible and believable, unless the appellant shows evidence that renders that stance perverse the appellate Court rarely interferes with that finding.

— E. Eko, JSC. Kekong v State (2017) – SC.884/2014

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APPEAL: FINDING NOT APPEALED IS BINDING ON PARTY

It is trite law that in an appeal against a judgment, a party who did not appeal against a finding, holding or decision, accepts it as correct, conclusive and binding and cannot argue against it.

– Agim JSC. Pillars v. William (2021)

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ONLY PERVERSENESS CAN SET ASIDE LOWER COURT’S FINDINGS

Learned respondent/cross appellant’s counsel is right in his submission that a finding of a lower court on appeal is only set-aside where same is perverse. In a seemingly endless number of the decisions of this court, it has been held that a decision of a court is perverse when it ignores the facts or evidence before it which lapse when considered as a whole constitutes a miscarriage of justice. In such a case an appellate court is bound to interfere with such a decision and set it aside.

– Dattijo Muhammad JSC. Union Bank v. Chimaeze (2014)

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DISTURBED FINDING OF FACT

The trite position of the law is that where the Court of Appeal wrongly disturbed any finding of fact of a trial court, the Supreme Court will not hesitate in restoring that finding, See: Board of Customs and Excise v. Barau (1987) 10 SC 48.

— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004

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COURT IS TO RECORD WHAT SIDE HE BELIEVES BEFORE RECORDING FINDING OF FACT

My only quarrel with the judgment of the learned trial Judge is that he recorded his findings before indicating what side he believed. This is a very wrong approach. After a review of the evidence of witnesses who gave conflicting accounts, the trial Judge ought to have indicated what side he believed before recording his findings because it is on the credibility of those witnesses that proper findings can be made. If a witness is not believed no finding of fact can be founded on his evidence.

— Oputa JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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INTERFERING WITH FINDINGS OF FACT

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)

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APPEAL ON FINDING OF FACT REQUIRES LEAVE OF COURT

The above finding complained of being a finding of fact, it is settled law that for the appellants to successfully appeal against the finding, they must first of all obtain the leave of either the lower court or of this court. It would have been otherwise if the complaint was purely a complaint of error in law. It is clear from the record that appellants never obtained the leave of either the lower court or of this court to appeal on the facts so ground 1 of the grounds of appeal in so far as it is a complaint against the findings of facts is incompetent and is consequently liable to be struck out.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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