Findings by trial court on credibility of witnesses

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650

127; (1983) 8 S.C 61 at 68; Onobruchere & Anor. V. Esegine & Anor. (1986) 1

N.W.L.R. (Pt.19) 799 at 804; Asani Balogun v. Alimi Agboola (1974) 10 S.C, 111

and Egonu v. Egonu (1978) 11-12 S.C. 111; to mention but a few.” - Per Onu,

J.S.C., in Haav v. Kundu Suit No. S.C. 306/1990; (1997) 5 N.W.L.R. (Pt. 505) 313

at 320.

(2) “In all matters on customary law, otherwise referred to as “native law and

customs”, the Area Court of the locality is presumed to know the applicable law. In

the instant case, the High Court made fresh case for the parties outside the evidence

and issues fought at the trial Court. It is therefore clear that the trial Area Court,

properly seised with the facts of the case and the custom of the locality (which is not

perverse or unconscionable, and not repugnant to equity and good conscience) found

for the respondent, the High Court of Benue State in its appellate jurisdiction not only

erred in interfering with those findings, but grossly missed the salient facts of the

case and arrived at erroneous conclusion” - Per Belgore, J.S.C., in Haav v. Kundu

Suit No. S.C. 306/1990; (1997) 5 N.W.L.R. (Pt. 505) 313 at 319.

1210. Attitude of appellate Court to findings of fact by trial Court.

“That is why it is always an error to interfere with the findings of the trial Court on

facts unless in certain circumstances. If the findings of the trial Court are in

contradiction to the evidence before it, the appellate Court will set it aside. [Kimdey

v. Military Governor, Gongola State (1988) 2 N.W.L.R. (Pt. 77) 445; Oilfield

Supply Centre Ltd. v. Johnson (1987) 2 N.W.L.R. (Pt.58) 625; Omorhirhi v.

Enatevwere (1988) 1 N.W.L.R. (Pt.73) 746; Overseas Construction Ltd. v. Creek

Enterprises Ltd. (1985) 3 N.W.L.R. (Pt.13) 407). Whatever findings of the trial

Court on facts will be set aside by the appellate Court if those findings are based on

unpleaded matter or inadmissible evidence or on trial without jurisdiction. [Aladegbemi

v. Fasanmade (1988) 3 N.W.L.R. (Pt. 82) 129; Ogbechie v. Onochie (1986) 2

N.W.L.R. (Pt. 23) 484).” - Per Belgore, J.S.C., in Haav v. Kundu Suit No. S.C.

306/1990; (1997) 5 N.W.L.R. (Pt. 505) 313 at 319.

(79) FINDINGS BY TRIAL COURT ON CREDIBILITY OF WITNESSES

1211. Appellate Court’s attitude to finding of fact by lower Court based

on credibility of witness.

(1) “District Court heard the evidence and came to its decision based, as it were,

on the credibility of the witnesses. The two appellate High Court and Court of

Appeal saw no reason to disturb the conclusion reached by the trial Court. After

a consideration of the arguments contained in the appellant’s brief, I am not

persuaded that all these Courts were wrong.” - Per Ogundare, J.S.C., in

Dakat v. Dashe (1997) 12 N.W.L.R. (Pt. 531) 46 at 55.

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