UNLESS DECISION IS PERVERSE, FINDING OF TRIAL COURT IS UPHELD

In Ebba vs. Ogodo (1984) 4 SC 372. The apex court had this to say:- “Unless the Court of Appeal finds that the decision is perverse, the Court of Appeal, whose opportunity is confined to printed record, is obliged to, and must accord to the finding of fact, by the trial court, the greatest weight...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

APPELLATE COURT APPROACH TO REVIEWING CUSTOMARY COURT DECISION

This court in the case of Odofin v. Oni (2001) 1 SCNJ 130 handed down the principles to be adopted in interpreting the records of proceedings of a Native or Customary Courts. At page 149 of the report Achike JSC of blessed memory stated the principles thus:- “In order to appreciate the real effect of...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

DECISION NOT FLOWING FROM ESTABLISHED FACTS IS PERVERSE

In law, a decision or finding or conclusion reached is perverse amongst other grounds if it does not flow from the established facts from the evidence before the Court or it takes into consideration matters extraneous to the issues placed before the Court in evidence by the parties. – B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

AN APPELLATE COURT IS ONLY INTERESTED IN THE CORRECTNESS OF THE DECISION, NOT THE REASON BY WHICH IT WAS REACHED

It is apposite to state here that it has been established by sufficient authority that an appellate Court is only interested in the correctness of a judgment/ruling or conclusion reached and not with the correctness of the reason by which the Court arrived at its decision, unless it has occasioned a miscarriage of justice, Taiwo...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

MATTERS TO BE DECIDED AT SUBSTANTIVE CASE SHOULD NOT BE COMMENTED ON AT THE PRELIMINARY

The law is settled that a court should not comment or decide at preliminary stage matters or issues which are supposed to be decided in the substantive case. See NWANKWO & ORS V YAR’ADUA & ORS (2010) LPELR-2109 (SC) at page 71 paras B-F per Coomassie JSC; and OCHOLI ENOJO JAMES, SAN V INEC & ORS (2015) LPELR-24494 (SC) at pg.92 para G, per Okoro JSC.

— K.M. Akano, J. Edeoga v Mbah (2023) – EPT/EN/GOV/01/2023

Was this dictum helpful?

APPELLATE COURT IS ONLY CONCERNED WITH WHETHER THE DECISION GIVEN IS RIGHT, NOT WHETHER THE REASON IS RIGHT OR WRONG

An appellate Court is only concerned with whether the judgment appealed against is right or wrong not whether the reasons given are right or wrong. Where the judgment is right but the reasons given are wrong, the appellate Court does not interfere. It is only where the misdirection has caused the Court to come to...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WHAT IS AN INTERLOCUTORY DECISION

Reach more audience. Place advert here.

Was this dictum helpful?

UNLESS DECISION IS PERVERSE, FINDING OF TRIAL COURT IS UPHELD

Membership Required

APPELLATE COURT APPROACH TO REVIEWING CUSTOMARY COURT DECISION

Membership Required

DECISION NOT FLOWING FROM ESTABLISHED FACTS IS PERVERSE

Membership Required

AN APPELLATE COURT IS ONLY INTERESTED IN THE CORRECTNESS OF THE DECISION, NOT THE REASON BY WHICH IT WAS REACHED

Membership Required

MATTERS TO BE DECIDED AT SUBSTANTIVE CASE SHOULD NOT BE COMMENTED ON AT THE PRELIMINARY

Was this dictum helpful?

APPELLATE COURT IS ONLY CONCERNED WITH WHETHER THE DECISION GIVEN IS RIGHT, NOT WHETHER THE REASON IS RIGHT OR WRONG

Membership Required