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 case, turns on the credibility of the witnesses, the appellate Court is invariably handicapped. Since it was the trial Court that heard, saw and watched the demeanour of the witnesses, it is incumbent to respect the Court’s conclusions from the exercise except where they are demonstrated to be perverse. See CHIEF SAMUSIDEEN AFOLABI AYORINDE & ORS V. CHEF HASSAN SONGUNRO & ORS (2012) LPELR-7808 (SC) and CPC V. INEC (2011) LPELR-8257 (SC).” Per MUSA DATTIJO MUHAMMAD, JSC (Pp 13 – 13; Paras A – C)

Add to LawKit (0)