APPELLATE COURT RARELY INTERFERES WITH TRIAL COURT’S FINDING

WHEN FINDING OF FACT IS SAID TO BE PERVERSE

A finding of fact is said to be perverse – (a) Where it runs counter to the evidence and pleadings. (b) Where it has been shown that the trial court took into account matters which it ought not to have taken into account. (c) Where the trial court shuts its eyes to the obvious. (d) When the decision has occasioned a miscarriage of justice. State v. Agie (2000) 11 NWLR pt. 678 pg. 434 Atolagbe v. Shorun (1985) 1 NWLR pt.2 pg. 360 Adimora v. Ajufo (1988) 3 NWLR pt. 80 pg.1. Akinloye v. Eyiyola (1968) NWLR 92.

— O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

APPEAL: FINDING NOT APPEALED IS BINDING ON PARTY

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)

FINDING NOT APPEALED MUST NOT BE DISTURBED BY APPELLATE COURT

In the case of Oshodi vs Eyifunmi (2000) FWLR (pt. 8) 1271 at 1305 per Iguh, JSC, this court held as follows: “In this regard, it is to be emphasised that the appellate jurisdiction of the Court of Appeal is to hear and determine appeals from the High Courts. If a finding or decision of a trial court, whether on an issue of fact or law is not challenged in an appeal to the Court of Appeal, such finding or decision, rightly or wrongly, must not be disturbed for the purposes of the appeal in question – see Nwabueze vs Okoye (1988) 4NWLR(pt. 91)664. …… Perhaps I should also add that when an issue is not placed before an appellate court, it has no business whatsoever to deal with it – see Florence Olusanya vs Olufemi Olusanya (1983) 3 S.C 41 at 56 – 57.”

APPEAL ON FINDING OF FACT REQUIRES LEAVE OF COURT

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)

FINDING OF FACT WILL BE DISTURBED WHEN PERVERSE

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)