APPELLATE PRACTICE — Grounds of Appeal — Approach for Determining Nature of Ground
Ratio Decidendi
Per Mukhtar, JSC (adopting Esho, JSC in Ogbechie & Ors v. Onochie & Ors), in Kashadadi v. Noma (2007) NLC-123-263-2000(SC) at p. 9; Paras A–C:
"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
To determine the nature of a ground of appeal, the court examines whether it challenges a misunderstanding of the law (ground of law) or challenges the evaluation of facts before applying the law (ground of mixed law and fact). The substance of the ground and its particulars determine its nature, not its label.