APPELLATE PRACTICE — Grounds of Appeal — Distinction Between Grounds of Law, Fact and Mixed Law and Fact
Ratio Decidendi
Per Muhammad, JSC, in Dairo v. Union Bank of Nigeria Plc & Anor (2007) NLC-123-187-2002(SC) at pp. 7–8; Paras E–B:
Where it is alleged that the trial court or an appellate court misunderstood the law or misapplied the law to the admitted or proved facts, such a ground of appeal is one of law simpliciter... Where the evaluation of evidence tendered at the trial is exclusively questioned, it is a ground of fact simpliciter."
Explanation / Scope
The classification of grounds of appeal determines the scope of appellate review and the leave requirements for appeals. A ground of law challenges the legal reasoning or application of legal principles. A ground of fact challenges the trial court’s assessment of evidence. A ground of mixed law and fact challenges both, typically requiring leave of court. Proper classification is essential because the Supreme Court, for instance, generally does not entertain appeals on facts alone.