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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I wish to emphasize that where the trial court has drawn the wrong inference from primary facts the appellate court can reject the inference and make what it considers to be the right inference supported by evidence.
– Babalakin JSC. Finnih v. Imade (1992)
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)
An appellate court in its primary role in considering a judgment on appeal in a civil case in which the finding or non-finding of facts is questioned will seek to know:- The evidence before the trial court. Whether it accepted or rejected any evidence upon the correct perception. Whether it correctly approached the assessment of the evidence before it and placed the right probative value on it. Whether it used the imaginary scale of justice to weigh the evidence on either side and Whether it appreciated upon the preponderance of evidence which side of the scale weighed having regard to the burden of proof.
– ADEKEYE JCA. Anyafulu v. Agazie (2005)
In per Nimpar, JCA. Adepoju v. State (2014) LPELR-23312(CA) “An Appellate Court would not readily interfere with findings of facts by a trial Court except it is perverse and evident on the record”.
In ODOFIN V AYOOLA (1984) LPELR 2227 (SC): “Where a Court of trial which saw and heard witnesses has come to specific findings of facts on the evidence in issues before it, an appellant Court which had no similar opportunity should refrain from coming to different finding, unless it can show that the conclusion of the trial Court was perverse, or that the conclusion would not follow from the evidence before it”.
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)
If I may add, the duty of the trial court is to receive all relevant evidence. That is perception. Thereafter the judge is to weigh the evidence in the context of the surrounding circumstances of the case. That is evaluation. A finding of fact involves both perception and evaluation.
– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)
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