Appellate interference with oral evidence findings must be limited where the trial judge's view is reasonably supported by the record.

SC reaffirmed that an appellate court should be slow to interfere with a trial court's finding based on oral testimony, especially where the judge observed the witnesses directly. Reversal is justified only if the evidence as a whole cannot reasonably support the finding, or if proved circumstances create compelling improbabilities. Applying that principle, the trial court's conclusion that the mortgage deed was duly attested at execution was supported by the record and consistent with the probabilities of the case. The High Court had insufficient grounds to disturb that finding, so the trial court's attestation finding was restored.

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Issues: Whether the High Court was justified in reversing the trial court's finding that the mortgage deed was duly attested, on the basis of conflicting oral evidence.

Analysis: The governing principle is that where a finding turns on appreciation of oral testimony, the appellate court should be slow to disturb the trial court's conclusion, especially when the trial judge has seen and heard the witnesses. Interference is warranted only if the evidence as a whole cannot reasonably support the finding, or if proved circumstances create a sufficient balance of improbability to displace it. On the evidence, the trial court's view that the deed was attested at the time of execution was consistent with the probabilities of the case and was supported by the record. The High Court's rejection of that finding rested on inadequate grounds and gave insufficient weight to the trial court's appreciation of the witnesses.

Conclusion: The High Court was not justified in reversing the finding on attestation; the trial court's finding stood restored, and the appellant succeeded on this issue.

Ratio Decidendi: An appellate court should not reverse a trial court's finding based on oral evidence unless the finding is unsupported by the evidence as a whole or is displaced by compelling improbabilities.

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