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)
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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
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)
It is true that the Court of Appeal will be reluctant to upset the findings of fact of a trial court but where as in this case the learned trial court draws wrong conclusions from the totality of the evidence before it, the Court of Appeal will and in fact has a duty to reverse the wrong conclusions and make findings that the facts before it demand.
– Babalakin JSC. Finnih v. Imade (1992)
The law is that a finding or holding of a Court, not appealed against or challenged, remains binding and conclusive. – Mbaba JCA. Aduba v. Aduba (2018)
In arbitration proceedings, the general principle is that facts finding by an Arbitrator is not a ground for setting aside an award on the ground that it is wrong nor on the ground that there is no evidence on which the facts could be found because that would be mere error of law.
– Garba, JCA. Dunlop v. Gaslink (2018)
It is also of paramount importance to always have it as a central theme that each case must be examined and decided on its own facts and circumstances as no two cases are alike in all particulars.
– Gumel, JCA. Ehanire v. Erhunmwuse (2007)
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