APPELLATE PRACTICE ā Grounds of Appeal ā Evidence as Factual Matter
Ratio Decidendi
Per Tobi, JSC, in Kashadadi v. Noma (2007) NLC-123-263-2000(SC) at pp. 5ā6; Paras EāA:
"Evidence, whether under statute, common law or customary law, is presented to the court on facts by witnesses. The facts could be oral or documentary. In such a situation, it cannot be said that a ground of appeal is exclusively law because the evidence, the probative material received by the court to persuade it as to the truth or veracity of the matter is factual."
Explanation / Scope
Evidence is inherently factual. A ground of appeal that challenges the evaluation or acceptance of evidence cannot be a pure ground of law. It becomes a ground of mixed law and fact because it involves assessing whether the trial court correctly evaluated the factual material before applying the law.