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FINDING OF FACT CANNOT BE TRANSFERRED FROM ONE CASE TO ANOTHER

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Dictum

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)

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MEANING OF FACTS IN ISSUE

Facts in issue, as defined in Section 258 of the Evidence Act 2011: Includes any fact from which either by itself or in connection with other facts the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows. A particular fact can only be said to be in issue when its assertion by a Party is denied by the other and it becomes a fact in dispute. So, an issue is said to be joined on a particular fact making its proof necessary when its assertion is disputed by the opposing party- see Mohammed & Anor V. State (2007) 11 NWLR (pt 1045) 303.

— A.A. Augie, JSC. Galadima v. State (2017) – SC.70/2013

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WHERE APPELLATE COURT WILL SET ASIDE FINDINGS OF TRIAL COURT

It is trite law that an appellate court will not ordinarily interfere with the findings of fact of a trial court except in circumstances such as where the trial court has not made a proper use of the opportunity of seeing and hearing the witnesses or where it has drawn wrong conclusions from accepted credible evidence or has taken an erroneous view of the evidence adduced before it or its findings of fact are perverse and do not flow from the evidence accepted by it.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

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APPELLATE COURT WILL NOT INTERFERE IN FINDING OF FACT

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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DISTURBED FINDING OF FACT

The trite position of the law is that where the Court of Appeal wrongly disturbed any finding of fact of a trial court, the Supreme Court will not hesitate in restoring that finding, See: Board of Customs and Excise v. Barau (1987) 10 SC 48.

— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004

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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)

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EVALUATION OF EVIDENCE; INTERFERENCE BY APPELLATE COURT

It has long been established that the function of the evaluation of evidence is essentially that of the trial Court, Igago v State (1999) LPELR – 1442 (SC) 27; Onuoha V. The State [1998] 5 NWLR (pt. 548) 118. Where the trial Court has unquestionably, evaluated evidence and, justifiably, appraised the facts, it is not the business of an appellate Court to interfere, and to substitute its own views for the view of the trial Court. – Nweze JSC. Abdullahi v. Adetutu (2019)

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