APPELLATE PRACTICE — Grounds of Appeal — Classification — Whether Question of Law, Fact, or Mixed Law and Fact

"In the determination of the question whether or not a ground of appeal is of law or fact/mixed law and fact, it is important to consider together the principal complaint and the particulars of error provided thereunder. Where a court fails to consider and adjudicate on such issues, it is usually an error of law because the omission constitutes a denial to the party complaining of his right of fair hearing as enshrined in the constitution. However as the complaint is an invitation to the appellate court to consider those matters of fact which had not been considered by the court below, it becomes an issue of fact or mixed law and fact before the appellate court."