LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Determination Whether Ground is of Law, Fact, or Mixed Law and Fact
PRINCIPLE STATEMENT
In determining whether a ground of appeal involves a question of law, fact, or mixed law and fact, the essence of the ground and the reality of the complaint embedded in its name determine its nature, not its designation.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Abidoye & Ors v. Alawode & Ors (2001) NLC-1271996(SC) at p. 7; Paras A–B.
"What is important in determining whether a ground of appeal involved questions of law or fact or mixed law and fact, is not its cognomen, nor its designation as 'Error in Law.' It is rather the essence of the ground, the reality of the complaint embedded in that name that determines what any particular ground involves."
EXPLANATION / SCOPE
The classification of a ground of appeal as law, fact, or mixed law and fact is determined by the substance of the complaint, not its label or designation. A ground labelled “Error in Law” may in fact raise factual issues. The court examines the essence of the ground and the reality of the complaint. This determines whether leave to appeal is required. The principle prevents parties from circumventing leave requirements by mislabelling grounds. The court looks beyond the form to the substance. The ground and its particulars are read together. A ground challenging evaluation of evidence is mixed or factual. A ground challenging misapplication of law is legal.
