APPEAL – Interference With Evaluation of Evidence – Whether an Appellate Court can interfere with evaluation of evidence and findings of fact of a Trial Court which are based on credibility of witnesses

“The learned trial judge never made any finding as to which witnesses he believed and it is not the practice of this Court to put ourselves in his place and make a determination which he should have made as we were asked to do by Mr. Lambo. As a Court of appeal, we are reluctant…

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APPEAL – Ground(s) of Appeal – Whether where error(s) of law or misdirection is made a ground of appeal, the particulars of the error of law or misdirection must be given/ whether particulars of the error can be included in the error itself

“…if errors of law are alleged then the errors complained of must be fully set out in the grounds of appeal.” Per LEWIS, JSC in NATIONAL INVESTMENT & PROPERTIES CO. LTD V. THE THOMPSON ORGANISATION LTD (1969) LCER-503(SC) (P. 5, Paras D – E)

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