CONCURRENT FINDING OF FACT BY TWO LOWER COURTS -INSTANCES WHERE AN APPELLATE COURT WOULD INTERFERE WITH THE CONCURRENT FINDINGS OF FACT BY LOWER COURTS  

 

JBA
 JBA
Joined: 2 months ago
Posts: 35
10/10/2019 2:10 pm  
“The law is trite and well settled in plethora of decided authorities that the court will not ordinarily interfere with such findings as it is not a matter of course. In other words, there must be special circumstance shown such as a violation of some principle of law or procedure or where such findings are shown to be perverse or patently erroneous and a miscarriage of justice will result if they are allowed to stand. See the case of Nsirim V. Nsirim 2001 FWLR Pt.96 P.433 at 445 per Iguh, JSC. See also R-Benkay Nigeria Ltd V. Cad bury Nigeria Pic 2012 All FWLR (Pt.631) Page 1450 at 1467.” 

PER C. B. OGUNBIYI, , J.S.C in General Bello Sarkin Yaki (Rtd) & Anor V. Senator Abubakar Atiku Bagudu & 2 Ors  [November, 2015]  LER[2015]SC:722/2015   https://legalpediaonline.com/general-bello-sarkin-yaki-rtd-anor-v-senator-abubakar-atiku-bagudu-2-ors/


Quote
Share:
Views All Time
Views All Time
142271
Views Today
Views Today
89