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WRONGFUL EXERCISE OF DISCRETION MUST BE SHOWED FOR COURT TO INTERFERE IN FINDING OF FACT

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On the other side which is that of the respondents is that this Court should affirm the Ruling of the Court of Appeal and dismiss the appeal as frivolous and unmeritorious. This appeal throws up very interesting facets as one is mindful of the fact that an appellate Court will not easily interfere with the exercise of discretion by a lower Court such as presented in the case in hand. To interfere, this Court has to be satisfied from the showing of materials that a wrongful exercise of that discretion has been made such as where the Court below acted under a misconception of the law or under a misapplication of fact such that it is seen that the lower Court gave weight to irrelevant or unproved matters or it omitted to take into account issues that are relevant or where it exercised or failed to exercise the discretion on wrong or insufficient materials and so it behoves the appellate Court the duty in the interest of justice to disturb that earlier decision. I rely on Enekebe v Enekebe (1964) 1 All NLR 102 at 106; Demuren v Asuni (1967) All NLR 94 at 101; Mobil Oil v Federal Board of Inland Revenue (1977) 3 SC 97 at 141; Sonekan v Smith (1967) 1 All NLR 329; Solanke v Ajibola (1968)1 ALL NLR 46 at 52.

— M.P. Odili, JSC. County Dev. Co. v Hon. Min. Env. Housing Urban Dev. (2019) – SC.239/2011

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finding of fact

WHEN FINDINGS OF FACT OF TRIAL COURT ARE NOT APPEALED, THERE NO NEED FOR APPELLATE COURT TO REVIEW THEM

There was, with the greatest respect, no earthly reason for the Court of Appeal to review the pleadings and the evidence in view of the findings of fact of the trial Court at p.160 that EXS.D and E were not loan receipts but receipts for the sale of land and the conclusion of law at p.161 “that all the plaintiff got by virtue of the receipts Exhibits D and E was an equitable interest”. There was no cross-appeal by the 2nd Defendant challenging the above findings. What the Court below should have then concentrated on would have been the legal effect of the above findings on the relationship of the Plaintiff and the 2nd Defendant.

— Oputa, JSC. Osagie v. Oyeyinka & Anor. (1987) – SC.194/1985

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WHAT APPELLATE COURT CONSIDERS WHERE FINDING OF FACT IS CHALLENGED

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)

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NATIVE CUSTOM IS A QUESTION OF FACT

Native law and custom being a question of fact in an action in the High Court, it is true that the findings in these cases are not binding as precedents, and it is also true, as has been pointed out by Mr Oseni on behalf of the respondents, that however learned and experienced the Judges whose judgments are relied on may have been, they could only act on the evidence which the parties in the cases concerned chose to call before them.

Odunsi Lasisi Ajibola v. Aminu Akindele Ajani Ojora (1961)

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INFERENCE NOT FRESH POINT OF LAW

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)

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WHERE LOWER COURT FINDINGS WILL BE SET ASIDE

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)

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CASES SHOULD BE DECIDED ON ITS OWN FACTS

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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