APPELLATE PRACTICE — Grounds of Appeal — Classification — Mixed Law and Fact Christened as Error in Law
Ratio Decidendi
Per MUKHTAR, JSC, in Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC) at p. 11; Paras A–B:
"This court has in many decided cases classified the category of grounds of law or fact and although the line of distinction between law simpliciter and mixed law and fact is very thin, an appellate court cannot convert a ground of mixed law and fact unto one of law by 'christening it as such'... In determining whether a ground of appeal alleges an error of law or fact it is always relevant and crucial to construe the ground of appeal together with the particulars of error alleged."
Explanation / Scope
This principle establishes that a ground of mixed law and fact cannot be converted into a ground of law merely by labelling it as such. The court must construe the ground together with its particulars to determine its true nature. The principle applies in appellate practice. It ensures proper classification of grounds. The principle reflects the distinction between law and mixed law and fact. It prevents parties from evading leave requirements. The court must examine substance over form. The principle provides guidance on classifying grounds of appeal.