LEGAL PRINCIPLE: APPELLATE PRACTICE – Grounds of Appeal – Distinction Between Question of Law, Fact, and Mixed Law and Fact – Approach to Determination
PRINCIPLE STATEMENT
The approach to the determination whether a ground of appeal involves a question of law or of fact or of mixed law and fact... what is required is to examine thoroughly, the grounds of appeal in the case concerned to see whether the grounds reveal a misunderstanding by the lower tribunal of the law or a misapplication of the law to the facts already proved or admitted, in which case, it would be question of law, or one that would require questioning the evaluation of facts by the lower tribunal before the application of the law, in which case, it would amount to question of mixed law and fact.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Shanu v. Afribank Nigeria Plc (2000) NLC-1691997(SC) at pp. 4–5; Paras D–A.
"The approach to the determination whether a ground of appeal involves a question of law or of fact or of mixed law and fact... what is required is to examine thoroughly, the grounds of appeal in the case concerned to see whether the grounds reveal a misunderstanding by the lower tribunal of the law or a misapplication of the law to the facts already proved or admitted, in which case, it would be question of law, or one that would require questioning the evaluation of facts by the lower tribunal before the application of the law, in which case, it would amount to question of mixed law and fact."
EXPLANATION / SCOPE
Determining the nature of a ground of appeal requires examining whether it challenges the lower tribunal’s understanding or application of law (question of law) or attacks its evaluation of facts before applying law (mixed law and fact). A ground is one of law where it reveals a misunderstanding of law or misapplication to proved/admitted facts. It is mixed where it questions factual evaluation that precedes legal application. This distinction matters because leave is required for mixed law and fact grounds. The test focuses on what the appellate court must examine—legal principles alone or factual assessment.