APPELLATE PRACTICE — Grounds of Appeal — Determining Whether Ground is of Law or Mixed Law and Fact
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Minister of Petroleum And Mineral Resources & Anor v. Expo-Shipping Line (Nig.) Ltd. (2010) NLC-123-1-2003(SC) at p. 3, paras. A–B:
"It is settled law that whether a ground of appeal is one of law or mixed law and facts or facts alone does not really depend on the label tagged to the said ground. In that regard a ground of appeal and the particulars have to be construed together to determine under which one of the above three slots it has fallen to be considered."
Explanation / Scope
This principle establishes that the classification of a ground of appeal as law, mixed law and fact, or fact alone depends not on its label but on construing the ground together with its particulars. The principle applies where the nature of a ground is in issue. It ensures that grounds are properly classified. The principle reflects the substantive approach to classification. It prevents parties from evading leave requirements by mislabelling. The court must examine the substance of the ground and particulars. The principle provides guidance on classifying grounds of appeal.