It is trite law that where the findings of trial court and indeed the concurrent findings of the Judge and the Court of Appeal are perverse, this court can interfere and give the correct findings as the evidence in the record show. See Ajeigbe vs. Odedina (1988) 1 NWLR (Pt. 72) 584; Okonkwo vs. Okolo (1988) 2 NWLR (pt. 79) 632; lbhafidon vs. 1gbinosun (2001) FWLR (pt. 49) 1426, (2001) 8 NWLR (Pt. 716) 653.
— N. Tobi, JSC. Ezennah v Atta (2004) – SC.226/2000
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The point must be made that, it is the primary duty of a trial Court to make findings of fact on evidence adduced before it and ascribe due probative value to same. It is only when the trial court abdicates its duty or fails to perform it properly that an appellate court can step in to perform such a function. Even then, an appellate court can only do so, if the demeanour of witnesses is not in point.
– Afolabi Fabiyi JCA. Mueller v. Mueller (2005)
The law is trite that a specific finding of fact by a court which is neither challenged nor appealed is deemed to be an acceptable and admitted fact by the party against whom it was made. In this case, this specific finding of fact was made concurrently by the trial court and the lower court. Such findings of fact, as this Court held in BAKARE v. THE STATE (1987) 3 SC 1, are presumed to be correct. The burden of displacing this presumption is on the party challenging the specific finding, as this Respondent purports to do belatedly and without any cross-appeal. The burden, as Agim, JCA, stated in DONATUS OKAFOR v. IFEANYIISIADINSO (2014) LPELR – 14 23013 (CA), is not discharged by a mere assertion that the findings is wrong.
— E. Eko, JSC. CITEC v. Edicomisa (2017) – SC. 163 2006
Whichever is the case, it is important to state and emphasize that in a case of the nature before us, Counsel should have studied the facts of the case very well. Facts are the springboard of law. It is the facts of the case that determine the appropriate remedy.
— I.C. Pats Acholonu, JSC. Abdulhamid v Akar & Anor. (2006) – S.C. 240/2001
In fact what the appellant is trying to do with Exhibit ‘B’ in this case is to transfer a finding of fact from one case to another which the law says he cannot do. – Mohammed JCA. Rufukka v. Kurfi (1996)
An appellate court can draw conclusion or make inference from the record before it. Conclusion or inference borne out of/from the record cannot be branded as raising fresh point of law. A fresh point of law is a new point of law which was not raised by any of the parties at the trial of the case. A point of law which was raised by the parties at the trial cannot be a fresh point of law.
– Niki Tobi JSC. Gbadamosi v. Dairo (2007)
When there is an appeal where there is a finding of fact affirmed by the Court of Appeal, this court would presume that the trial judge’s conclusions are correct. This is so since the trial judge was the only judge who saw and heard the witnesses. When the Court of Appeal affirms the conclusions of the trial court the presumption becomes much stronger. The presumption can only be displaced by the appellant who seeks, to upset the judgment on facts.
– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)
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