Some of the exceptional circumstances that might justify interference would be where the decision is not based on a proper and dispassionate appraisal of the evidence; where the findings are perverse in that the Court took extraneous matters into consideration or failed to take into account relevant matters; where the Court has drawn wrong conclusions from accepted credible evidence; or where the findings are not the result of a proper exercise of judicial discretion.
ALHAJI AMINU JUBRILLAH ABDULLAHI & ORS v. MRS. CHRISTIANA IYABO ADETUTU.(LGC(/12/4/2019)P
...an Appellant who relies on improper evaluation of evidence to set aside the judgment has the onus to identify or specify the evidence, improperly, evaluated or not evaluated. He has to show, convincingly, that if the error complained of had been corrected, the conclusion reached would have been different and in favour of the party, complaining of wrong evaluation. The appellants failed woefully in this regard. There was no particularization of the evidence wrongly evaluated,. They have accordingly failed to discharge the onus on them that, if properly evaluated, the conclusion would have been favourable to their case
ALHAJI AMINU JUBRILLAH ABDULLAHI & ORS v. MRS. CHRISTIANA IYABO ADETUTU.(LGC(/12/4/2019)O
A Court's findings are perverse where they are speculative, not being based on any evidence or because the Court had taken into account matters which it ought not to or shut its eyes to the obvious. Because of the miscarriage of justice, they occasion, perverse findings do not sustain a judgment on appeal even if same had been upheld by the Court of Appeal.
MUSA v. THE STATE LGC(11/01/2019) H
Evaluation of evidence and the ascription of probative value is the primary duty of the trial Court that saw and assessed the credibility of the witnesses. The appellate Court that does not enjoy this much advantage cannot, on the basis of the cold facts on record, interfere with the trial Court's findings of fact unless it finds the findings to be perverse.
MUSA v. THE STATE LGC(11/01/2019) H
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