LEGAL PRINCIPLE: APPELLATE PRACTICE — Ground of Appeal — Label Given by Counsel Not Determinative — Court Looks at Substance
PRINCIPLE STATEMENT
The character of a ground of appeal does not depend on the label counsel gives it; a ground of mixed law and fact is not converted into a ground of law by christening it "error of law" or "misdirection in law."
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Metal Construction (West Africa) Ltd v. Migliore (1990) NLC-2511985(SC) at p. 8; Paras A–C.
"The attitude of Counsel to the respondent would seem to me to be that the character of the ground of appeal, whether it is one of law alone or one of fact, would depend upon the label he has chosen to give to it. Our Courts have consistently and clearly decided the contrary... It is a recognized fact that the line of distinction between law simpliciter and mixed law and fact is a very thin one. But one does not convert a ground of mixed law and fact into a ground of law by christening it 'error of law' or 'misdirection in law.'"
EXPLANATION / SCOPE
The classification of a ground of appeal depends on its substance, not the label counsel assigns. A ground labelled “error of law” may in fact raise mixed law and fact. The court examines the essence of the complaint. The label cannot confer competence where none exists. If the ground requires re-evaluation of evidence, it is mixed or factual, regardless of its title. The principle prevents parties from circumventing leave requirements by mislabelling grounds. The court reads the ground and particulars together. The distinction is determined by the nature of the error alleged. Misleading labels may result in the ground being struck out. Counsel must accurately characterise grounds.
