Appellate Court will only interfere with findings of fact of a trial Court, if it is shown that the conclusion reached is not in tune with the flow of evidence, or that the decision was wrong or perverse.
– Afolabi Fabiyi JCA. Mueller v. Mueller (2005)
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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)
The above finding complained of being a finding of fact, it is settled law that for the appellants to successfully appeal against the finding, they must first of all obtain the leave of either the lower court or of this court. It would have been otherwise if the complaint was purely a complaint of error in law. It is clear from the record that appellants never obtained the leave of either the lower court or of this court to appeal on the facts so ground 1 of the grounds of appeal in so far as it is a complaint against the findings of facts is incompetent and is consequently liable to be struck out.
– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)
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
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 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)
In concluding this Issue, it is now firmly established, that where the question involved are purely those of fact, an Appellate Court, will not interfere, unless the decision of the trial Judge, is shown to be perverse and not the result of a proper exercise of judicial discretion (to believe or disbelieve witnesses) or that there is no evidence at all to support a particular crucial finding or that the trial court made wrong deductions or drew wrong inferences from admitted or established facts. See Ubani & 2 ore, v. The State (2003) 12 SCNJ 111 @ 727-728.
— Ogbuagu, JSC. Moses v State [2006] – S.C.308/2002
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