G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): When an aggrieved party or his counsel argues an appeal before us, it is necessary that such argument should come within the confine of a rehearing as provided by Order 7 rule 2 of the Rules of the Supreme Court of Nigeria. The arguable area of grounds of complaints depends on a distinction being made between inferences drawn on fact and direct findings of fact based on an assessment of the credibility of witnesses as contained in the judgment of the lower court. While this court will freely reverse the judges' findings in the former case, in the latter case it will seldom do so and even then, only with great reluctance. (See STIJRGE'S Basic Rules of the Supreme Court, 3rd Edition, page 139, paragraph 1). In the present appeal, it does not appear that attention was given to this distinction in the grounds of appeal canvassed before us.
The judgment of the lower court is basically one of fact, namely, whether the western boundar…