LEGAL PRINCIPLE: APPELLATE PRACTICE – Grounds of Appeal – Question of Law Alone – Where Ground Complains of Failure to Fulfil Legal Obligation
PRINCIPLE STATEMENT
Where the ground of appeal complains that the tribunal has failed to fulfil an obligation cast upon it by law in the process of coming to a decision in the case, such a ground would involve a question of law, namely: whether or not there is such an obligation or whether what the tribunal did amount to an infraction in law of such obligation, provided that all the facts needed are there on the record and are beyond controversy. A ground of appeal involves a question of law alone where in answering the question raised by the ground of appeal, the appellate tribunal can determine the issue on the admitted or uncontroversial facts without going beyond a direct application of legal principles.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Shanu v. Afribank Nigeria Plc (2000) NLC-1691997(SC) at p. 5; Paras B–C.
"Where the ground of appeal complains that the tribunal has failed to fulfil an obligation cast upon it by law in the process of coming to a decision in the case, such a ground would involve a question of law, namely: whether or not there is such an obligation or whether what the tribunal did amount to an infraction in law of such obligation, provided that all the facts needed are there on the record and are beyond controversy. A ground of appeal involves a question of law alone where in answering the question raised by the ground of appeal, the appellate tribunal can determine the issue on the admitted or uncontroversial facts without going beyond a direct application of legal principles."
EXPLANATION / SCOPE
A ground alleging failure to fulfil a legal obligation raises a question of law alone if the relevant facts are uncontroversial and on the record. The appellate court need only determine: (1) whether such obligation exists; and (2) whether the tribunal’s action constituted an infraction. No re-evaluation of disputed facts is required. Even if underlying complaints were factual, the failure-to-consider claim is legal. This classification enables appeal without leave where the complaint is that a legal duty was breached, regardless of whether the neglected matters were factual.
CASES APPLYING THIS PRINCIPLE
None recorded.