Judiciary-Poetry-Logo
JPoetry

WHERE LOWER COURT FINDINGS WILL BE SET ASIDE

Dictum

Although appellate courts are very slow and reluctant in interfering with the findings of fact by the trial lower courts, nevertheless where such findings are not borne out by conclusive or positive evidence, or where the lower court did not properly evaluate the evidence before making the findings or where the lower court failed to apply the law properly to the facts proved, the appellate courts are under a duty to interfere with such findings. To neglect to do so will certainly occasion a miscarriage of justice sufficient to warrant a superior appellate court to interfere with the trial court’s findings.

– Mahmud JSC. Ogiorio v. Igbinovia (1998)

Was this dictum helpful?

SHARE ON

WHEN FINDING OF FACT IS SAID TO BE PERVERSE

A finding of fact is said to be perverse – (a) Where it runs counter to the evidence and pleadings. (b) Where it has been shown that the trial court took into account matters which it ought not to have taken into account. (c) Where the trial court shuts its eyes to the obvious. (d) When the decision has occasioned a miscarriage of justice. State v. Agie (2000) 11 NWLR pt. 678 pg. 434 Atolagbe v. Shorun (1985) 1 NWLR pt.2 pg. 360 Adimora v. Ajufo (1988) 3 NWLR pt. 80 pg.1. Akinloye v. Eyiyola (1968) NWLR 92.

— O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

Was this dictum helpful?

APPELLATE COURT RARELY INTERFERES WITH TRIAL COURT’S FINDING

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

Was this dictum helpful?

FACTS OF THE CASE DETERMINE LEGAL OUTCOME

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

Was this dictum helpful?

FINDING OF FACT WILL BE DISTURBED WHEN PERVERSE

It is elementary law that needs no citation of any authority that an appellate court shall not disturb any finding of fact unless the finding is found to be perverse or cannot be justified having regard to the pleadings and the evidence led.

– Musdapher, JSC. Atta v. Ezeanah (2000)

Was this dictum helpful?

PROPER EVALUATION OF FACT NEEDS NO INTERFERENCE FROM APPELLATE COURT

The law is also common knowledge that where a trial Court fails to properly discharge that primary duty or the evaluation value ascribed to and inference/findings made thereon cannot be supported by the evidence adduced before that Court, then an appellate Court is entitled to intervene and interfere with such decisions of the trial Court … However where a trial Court has unquestionably and properly evaluated the evidence adduced before it, an appellate Court has no business to and is usually slow in interfering with decisions arising from such an exercise.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

Was this dictum helpful?

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)

Was this dictum helpful?

No more related dictum to show.