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
My duty in this appeal is not to disturb the finding of facts by the trial Court but rather to inquire whether the decision of the trial Court is correct based on the facts before it, except and of course, the finding was perverse. I will interfere to do justice if the finding is perverse. See Siwoku vs Fasakin (2022) 12 NWLR (pt 1844), Blessing vs FRN (2015) 13 NWLR (pt 1475) 1. This is because the duty of any Court is to do justice and by this, substantial justice and not technical justice. This is sacrosanct in this Court and indeed any Court of law.
See Nzekwe vs Anaekwenegbu (2019) 8NWLR (pt 1674) 235, Akpan vs Bob (2010) 17 NWLR (pt 1223) 421, Ogunyade vs Oshunkeye (2007) 15 NWLR (pt.1057) 218. PER TOBI, J.C.A.
My duty in this appeal is not to disturb the finding of facts by the trial Court but rather to inquire whether the decision of the trial Court is correct based on the facts before it, except and of course, the finding was perverse. I will interfere to do justice if the finding is perverse. See Siwoku vs Fasakin (2022) 12 NWLR (pt 1844), Blessing vs FRN (2015) 13 NWLR (pt 1475) 1. This is because the duty of any Court is to do justice and by this, substantial justice and not technical justice. This is sacrosanct in this Court and indeed any Court of law.
See Nzekwe vs Anaekwenegbu (2019) 8NWLR (pt 1674) 235, Akpan vs Bob (2010) 17 NWLR (pt 1223) 421, Ogunyade vs Oshunkeye (2007) 15 NWLR (pt.1057) 218. PER TOBI, J.C.A.
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