MR. EKONG ARCHIBONG v. FIRST BANK OF NIGERIA PLC
(2014)LCN/6934(CA)
RATIO
APPEAL: WHERE AN APPELLATE COURT CAN INTERFERE IN THE EVALUATION OF EVIDENCE OF THE TRIAL COURT
Where the trial court unquestionably evaluates the evidence and justifiably appraises the facts, it is not the business of the Appellate court to substitute its own views for the views of the trial court. Agbi-Ogbch (2006) 11 NWLR Pt 990 page 65, Bashaya Vs. State (1998) 5 NWLR Pt 550 page 351, Ojokolobo vs. Alamu (1998) 9 NWLR Pt 565 page 226, Sha Vs. Kwan (2000) 5 SC page 178, State Vs. Ajie (2006) 7 SC Pt 1 page 24, Fagbenro Vs. Arobadi (2006) 7 NWLR pt 978 page 174.
An Appellate court can interfere in the evaluation of evidence only where and when the trial Court fails to evaluate such evidence properly or, at all, An appellate court can also intervene and re-evaluate such evidence, otherwise the appellate court has no business interfering with the findings of the trial court on such evidence Adebajo Vs. Adusei (2004) 4 NWLR Pt 862 page 44. Per UZO I. NDUKWE-ANYANWU, J.C.A
