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CONCURRENT FINDING AS TO IDENTIFICATION

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It was the trial Court which has the advantage of seeing, watching and observing the PW.1 testify in the witness box that can exercise its discretion, upon evaluation of the evidence before it, to believe or disbelieve her. That liberty and privilege of believing the PW.1 and accepting her evidence on the identification of the Appellant with whom she struggled over her bag, in preference to any other evidence per contra were completely within the discretion of the trial Court. On this issue of the credibility of the PW.1 there are concurrent findings of the two Courts below. This Court, therefore has very limited, if any scope to interfere.

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

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CONCURRENT FINDINGS OF FACT – WHEN CONCURRENT FINDINGS OF FACT WILL BE DISTURBED

Where the appeal challenges only the concurrent findings of fact the burden on the appellant to displace the presumption that the concurrent findings of fact are correct is made difficult by the rule of practice in the appellate Courts to the effect that an appellate Court is loathe to disturb concurrent findings of fact and therefore such concurrent findings of fact should rarely disturbed: ENANG v. ADU (1981) 11 12 SC 17 at 27 (Reprint) … The usual circumstances concurrent findings of fact are disturbed are: when it is shown that the findings are perverse and not the result of a proper exercise of judicial discretion, or that there is no evidence at all to support a particular crucial finding, or that the trial Court made wrong deductions or drew wrong inference from the admitted or established facts: UBANI & ORS v. THE STATE (2003) 18 NWLR (PT. 851) 224.

— E. Eko, JSC. Lawali v State (2019) – SC.272/2017

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FINDINGS OF FACT NOT DISTURBED BY APPEAL COURT

It is now well settled that this court will not disturb the findings of facts of two courts below unless there is manifest error which leads to some miscarriage of justice, or a violation of some principle of law or procedure.

– Karibe-Whyte JSC. Amadi v. Nwosu (1992)

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ONLY IN EXTREME CIRCUMSTANCES WILL DISCRETION OF TRIAL JUDGE BE REVERSED

It is a trite procedural tenet that the evaluation of evidence and ascription of probative value to such evidence are the exclusive preserve of the trial court which had the opportunity of hearing and assessing the testimony and conduct of the witnesses. It is unusual for an appellate court to disturb such findings of a trial court except where it is found to be perverse irrational or does not accord with common sense. See DARE VS FAGBAMILA (2009) 14 NWLR (PT 1160) 177; SULE VS HABU (2011) 7 NWLR (PT 1246) 339 and KARIBO VS GREND (1992) 3 NWLR (PT 230) 426.

— S.C. Oseji, JCA. ACB v Ajugwo (2011) – CA/E/66/2006

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THE CONCURRENT FINDINGS ON WILLFUL MISCONDUCT

There was no evidence before the learned trial judge that there was any reason to deviate from the agreed stopping places. Flying to Johannesburg, South Africa amounts to willful misconduct that the appellant has been unable to explain. The appellant was in breach of contract and created the situation which led to the loss of the respondent’s brief case, and his deportation to Nigeria after spending eight nights in jail. In the absence of justification for flying to Johannesburg, South Africa, there is a clear breach of contract since the respondent was never flown to Manzini, Swaziland. The appellant is responsible for all that happened to the respondent in South Africa, and so concurrent findings by the two courts below that the appellant was in breach of contract is affirmed.

– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004

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CONCURRENT FINDINGS OF FACT

The position of this Court has always been to refrain from interfering with concurrent findings of fact unless it is shown that the findings are perverse. A finding is perverse (i) Where it is not supported by evidence on the record; (ii) Where it does not reflect a proper exercise of judicial discretion; (iii) Where evidence has been wrongly admitted or rejected at the trial; (iv) Where there has been an erroneous appraisal of facts leading to erroneous conclusion; (v) Where the finding has been reached as a result of a wrong application of some principles of substantive law or procedure. See: Ayeni Vs Adesina (2007) ALL FWLR (Pt. 370) 1451 @ 1457-1458; Woluchem Vs Gudi (1981) 5 SC 291 @ 326; Adegbite Vs Ogunfaolu, (1990) 4 NWLR (Pt.146) 578; Itu Vs The State (2016) 5 NWLR (Pt.1506) 443.

— K.M.O. Kekere-Ekun, JSC. MTN v. Corporate (2019) – SC.674/2014

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NATURE OF CONCURRENT FINDINGS

There are thus concurrent findings of fact that the appellant was in breach of contract to fly the respondent from Lagos to Manzini and back to Lagos. It is very well settled that concurrent findings by the trial court and the court of Appeal would not be disturbed by the Supreme Court except there has been exceptional circumstances to disturb those findings such as: 1. The findings cannot be supported by evidence, or are perverse. 2. There is miscarriage of justice or violation of law or procedure.

– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004

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