CHIEF REGINALD F. AYEBAKURO v. CHIEF SAMBO AYESA TARIAH & ORS
(2014)LCN/6900(CA)
RATIO
WHETHER AN APPELLATE COURT CAN INTERFERE WITH FINDINGS OF FACT MADE BY THE TRIAL COURT
As a rule, the appeal court will not lightly interfere with findings of fact made by the trial court upon proper evaluation. The only exceptions to this rule, as the appellant did point out in his brief, are from decided authorities: where the findings of fact are unsound, perverse and contrary to the case pleaded by the parties; where the trial court failed to take full advantage of the opportunity of watching and hearing the witnesses testify. In such instances the appeal court may intervene and set aside the findings of facts. These principles are well re-stated in the cases of EBBA v. OGODO (1984) 4 SC 84 at 102-104; ATTA v. EZEANI (2000) 11 NWLR [pt.678] 363 at 378; MAIGORO v. BASHER (2000) 11 NWLR [pt.679] 453 at 467; ELEWUJU v. ONISAODU (2000) 3 NWLR [pt.647] 95 at 116,cited by appellant’s counsel. Per EJEMBI EKO, J.C.A
