"It is now trite law, that this apex Court will not disturb such concurrent findings on appeal to it except on exceptional circumstance, or unless there is a substantial error apparent on the record of proceedings. See; Chinwendu Vs. Nwanegbo Mbamali & Anor (1980) 3-4 SC 31 at 75; Kofi Vs Kofi I WACA 284 at 2851; Ganiyu Kale Vs. Madam Coker (1982) 12 SC 252 at 271.

It is worthy of note that, the special or exceptional circumstances which will enable this Court interfere with concurrent findings of facts must include a demonstration of occurrence of a miscarriage of justice or a serious violation of some principles of law or procedure or where the findings are shown to be erroneous or perverse. See; Godwin Nsiegbe & Anor Vs Obinna Mgbemena (2007) 10 NWLR (Pt.1042) 364; (2007) 4-5 SC 1 (2007) SCM (2007) LPELR - 2065.

In other words, this Court will only interfere, where not to do so, will occasion a substantial miscarriage of justice and cause perversion. See; Afolabi Coker vs. Mariamo Oguntola & Ors (1985) All NLR 319, (1985) 6 SC 132. In this appeal, with the peculiar circumstances of the facts and the duty of the Court, to do substantial justice at all times, there is no miscarriage of justice shown by the appellant, hence this Court will not interfere with the concurrent findings of facts as stated above. See; Abiodun Famuroti Vs Madam S. Agbeke (1991) 5 NWLR (Pt.189) 1; (1991) 6 SC.1; (1991) LPELR - 1240."

Per ARIWOOLA, J.S.C.IN MBA v. MBA CITATION: (2018) LPELR-44295(SC)