“We need to make it clear once again that this Court will not interfere with findings of facts made in the Court below, but when circumstances justify it, as we have pointed out in some cases, we shall not hesitate to disturb the findings of facts made by the judge in the Court below. We have sufficiently reviewed the position of the law in other cases which came before this Court and a few authorities need be referred to here all indicating that where the facts found by the Court of trial are wrongly applied to the circumstances of the case or where the inference drawn from those facts are erroneous or where the findings of facts are not reasonably justified or supported by evidence given in the case, the Court of Appeal, is in as much a good position as the trial Court to deal with the facts and to make proper findings- We refer to the cases Akinola and Others v. Fatoyinbo Oluwo and Others [1962] 1 All NLR 224; Lawal Braimoli Fatoyinbo and Others v. Selistu Abike Williams (1956) 1 FSC 87; Chief Oshogbon Fabumiyi and Another v. Fatumo Temitoyin Obaji and Another (unreported) S.C.54/1965 delivered 29th September 1967. and to mention two English cases- Watt or Thomas v. Thomas [1967] AC 484 and Benmax v. Austin Motor Co. Ltd. [1955] AC 370.”
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