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See Also:
- APPEAL: Court of Appeal - Nature of the power of Court of Appeal with respect to the determination of appeal
"The consequential or "corollary" order made by the Court below by remitting the appeal to be heard by the appellate division of the Kebbi State High Court, was, without doubt…
- APPEAL: Findings of fact - Unwillingness of the appellate court to interfere with findings of fact
“Thus findings of fact are made by a trial Judge after carefully reviewing the evidence before the court and conclusions or inferences can be drawn from those facts by any…
- APPEAL - INTERFERENCE WITH FINDING(S) OF FACT(S) - Whether an Appellate Court will interfere with the decision of a trial Court where the judgment of the court is right, the reasons are wrong:
APPEAL - INTERFERENCE WITH FINDING(S) OF FACT(S) - Whether an Appellate Court will interfere with the decision of a trial Court where the judgment of the court is right but the reasons are wrong
- 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…
- 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…