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See Also:
- APPEAL: Evaluation of Evidence - Attitude of appellate Court to evaluation of evidence by trial Court
"In taking a view point on which position, whether of the appellants or the respondents should be gone along with, the first port of call in my humble opinion is…
- APPEAL: Evaluation of Evidence - Attitude of appellate Court to evaluation of evidence by trial Court
"It must be emphasised here and it is even settled law, that an appellate Court does not as a matter of practice or law interfere where trial Court unquestionably evaluates…
- APPEAL - Interference with Evaluation of Evidence - Principles under which an Appellate Court would interfere with the findings of a Lower Court based on evaluation of evidence
"The appraisal of the evidence was principally the function of the trial judge and not that of appeal Court, unless and except such findings are clearly wrong and perverse. See…
- APPEAL - Interference With Evaluation of Evidence - Principles under which an Appellate Court would interfere with the findings of a Lower Court based on evaluation of evidence
"A Court of Appeal would only disturb the findings of fact of a trial Court where it is satisfied that the trial Court has made no use of such an…
- APPEAL - Interference With Evaluation of Evidence - Principles under which an Appellate Court would interfere with the findings of a Lower Court based on evaluation of evidence
"...it is well settled that where the record discloses that the finding of the trial Court cannot be supported on the evidence, such a finding will be disregarded and the…