LEGAL PRINCIPLE: APPELLATE PRACTICE — Question of Law — Meaning — Three Different Meanings
PRINCIPLE STATEMENT
Generally considered, the term "question of law" is capable of three different meanings: first, a question the court is bound to answer in accordance with a rule of law; second, as to what the law is; third, in respect of those questions which are committed to and answered by the authority which normally answers questions of law only.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Metal Construction (West Africa) Ltd v. Migliore (1990) NLC-2511985(SC) at pp. 8–9; Paras D–A.
"Generally considered, the term 'question of law' is capable of three different meanings. First it could mean a question the court is bound to answer in accordance with a rule of law... The second meaning is as to what the law is... The third meaning is in respect of those questions, which are committed to and answered by the authority, which normally answers questions of law only."
EXPLANATION / SCOPE
A “question of law” has three meanings: (1) a question the court must answer by applying a fixed legal rule (no discretion); (2) a question about what the law is (interpretation of statutes or precedents); (3) a question that falls within the exclusive province of legal authority (not within lay competence). The classification determines whether leave to appeal is required. Questions of law alone are appealable as of right. Questions of fact or mixed law and fact require leave. The distinction is crucial for appellate practice. The court examines the substance of the ground, not its label. The third meaning covers issues that are inherently legal, such as constitutional interpretation.
