"Instructively, it is a well settled doctrine, that whenever it is alleged that a judgment is against the weight of evidence, what it denotes is that [a] the judgment of the trial or Court below cannot be supported by the weight of the evidence adduced by the successful party which the lower Court either wrongly accepted, or that the inference drawn or conclusion reached by the Court based on the accepted evidence or cannot be justified; [b] there is no evidence, which if accepted should support the findings of the trial Court; or [c] when the evidence adduced by the appellant is weighed against that adduced by the respondent, the judgment given in favour of the respondent is against the whole gamut of evidence adduced before the trial Court. See ANYAOKE VS. ADI [1986] 3 NWLR [Pt. 31] 731; BALOGUN VS. EOCB [NIG.] LTD. [2007] 5 NWLR [Pt. 1028] 584 @ 601 paragraphs C - E [CA]; STB LTD. VS. ANUMINU [2008] ALL FWLR [Pt. 399] 405 - 431 paragraph C - F [CA]."
Per SAULAWA, J.C.A. IN EKANEM v. AKPAN & ORS CITATION: (2018) LPELR-44036(CA)