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Instances where the decision of court would be regarded as perverse

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Instances where the decision of court would be regarded as perverse

"Of course, it follows, from my findings and holdings in issues 1 and 3, that judgment of the trial Court was perverse, in the circumstances.

See the case of Jegede Vs Oluwasan (2013) All FWLR (pt.671) 1 484 at 1506 - 1507, where it was held that: "A finding of a trial Court is perverse where it runs counter to the evidence and pleading before the Court or where it has been shown that the trial Court took into account matters which it ought not to have taken unto account, or shut its eyes to the obvious or when it occasioned a miscarriage of justice.

An appellate Court has the duty of a Court of law to take the case of the parties dispassionately and evenly. It must examine and analyse the case of both parties as in the record.

Where the Court of law, trial or tribunal, misconceives the case as contained in the record and reaches a conclusion in that misconception. Appeal Court will certainly set aside the judgment which is a product of the misconception. In the instant case the trial Court misconceived the matter before it..."

 

Per MBABA, J.C.A. in DR. RALPH EGEJURU v. MEDICAL AND DENTAL PRACTITIONERS INVESTIGATION PANEL & ORS. (2017) LPELR-42616(CA)


   
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