CORAM
SOWEMIMO JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
PARTIES
LUCY ONOWANBASSEY EDET (In Re-Lucy Onowan) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant alleged that she gave her the title deeds to her house to the respondent as security for a loan. But the respondent led evidence that he purchased both the house lying to the front and at the rear of the premises.
HELD
The court held that as the conclusions of the learned trial judge was supported by the evidence in the printed record, no doubt could be imputed to it.
ISSUES
Whether the learned trial judge properly evaluated the evidence before him
RATIONES DECIDENDI
WHEN AN APPELLATE COURT WILL INTERFERE WITH DECISIONS OF THE TRIAL COURT
It is none of the functions of any appellate court to substitute its own views of the evidence for those of the court of trial which is better equipped to deal with these matters. An appellate court will only interfere with a decision based on fact when it is clear that the same is perverse or not the result of a proper exercise of judicial discretion “PER IRIKEFE”
CASES CITED
KODILINYE V. ODU (1952) 2 WACA 336, OKOYE V. EJIEFO (1934) 2
WACA 130
KUMA V. KUMA 91936) 5 WACA 4; DADZIE V. KOJO (1940) 6 WACA 139
AKINLOYE V. EYIYOLA (1968) NMLR 92.
STATUTES REFERRED TO
None