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."

Explanation / Scope

The mere label of “error of law” does not make a ground of appeal one of law. The court will look at the substance of the ground and its particulars. If the complaint is about evaluation of facts, it is a ground of mixed law and fact. Respondents must scrutinize the grounds to determine their true nature.

Cases Applying This Principle