APPELLATE PRACTICE — Grounds of Appeal — Mere Assertion of Error of Law — Effect
Ratio Decidendi
Per Tobi, JSC, in Kashadadi v. Noma (2007) NLC-123-263-2000(SC) at p. 4; Paras B–C:
"Learned counsel for the respondent correctly submitted that mere assertion on the part of an appellant that a ground of appeal is based on 'error of law', does not make it one if the error stated in the particulars is no more than one of fact or mixed law and fact. As a matter of law, there is nothing sacrosanct on the nomenclature 'error of law' in a Notice of Appeal because an appellant will in most cases, and understandably, so name a ground, with all the sentiments and sensitivity for his case. It is left to the respondent to carefully remove the chaff from the grain and see whether the ground of appeal involves law not tainted with facts, which makes it wear some vogue of a mixed grill."