APPELLATE PRACTICE — Grounds of Appeal — Distinction Between Law, Fact, and Mixed Law and Fact
Principle Statement
The court is required to examine thoroughly the grounds of appeal together with their particulars in order to see whether any of the grounds reveal a misunderstanding of the law by the lower court or a misapplication of the law to the facts already proved or admitted in which case it would be a question of law. Where, however, the ground is such that would require questioning the evaluation of facts by the lower court before the application of the law, that would amount to question of mixed law and fact.
Ratio Decidendi (Source)
Per Muntaka-Coomassie, JSC, in Faith Enterprises Ltd v. B.A.S.F Nigeria Limited (2010) NLC-123-22-2002(SC) at p. 9; Paras A–B.
"The court is required to examine thoroughly the grounds of appeal together with their particulars in order to see whether any of the grounds reveal a misunderstanding of the law by the lower court or a misapplication of the law to the facts already proved or admitted in which case it would be a question of law. Where, however, the ground is such that would require questioning the evaluation of facts by the lower court before the application of the law, that would amount to question of mixed law and fact."
Explanation / Scope
This principle establishes the distinction between grounds of law, fact, and mixed law and fact. Grounds of law involve misunderstanding or misapplication of law. Mixed grounds require questioning evaluation of facts before applying law. The principle applies where the nature of grounds is in issue. It ensures that grounds are properly classified. The principle reflects the need for leave for non-law grounds. It prevents improper classification. The court must examine grounds thoroughly. The principle provides guidance on distinguishing grounds.
