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See Also:
- APPEAL - Findings of trial Court - When Appellate Court may interfere with findings of trial court:
“We would only interfere with a decision based on matters of fact when it is clear that the same is perverse or not the result of a proper exercise of…
- APPEAL - INTERFERENCE WITH EVALUATION OF EVIDENCE - Instance(s) when an Appellate Court will/will not interfere with the evaluation of evidence of a Lower Court
"The law is settled that re-evaluation of evidence by an appellate Court is only done where the trial Court has erred in evaluating the facts found by it. This is…
- APPEAL - INTERFERENCE WITH EVALUATION OF EVIDENCE - Whether an appellate Court can interfere with the decision of the lower Court based on credibility of witnesses
"It is trite that the evaluation of evidence and ascription of probative value to it is the primary duty of the trial Court. Where the task, as in the instant…