LEGAL PRINCIPLE: CIVIL PROCEDURE — Grounds of Appeal — Misdirection in Law and Fact — Competency of Grounds
PRINCIPLE STATEMENT
A ground of appeal complaining of misdirection in law and on the facts does not ipso facto make the ground incompetent. It raises a ground of mixed law and fact, which is not unusual. So long as it is not capable of misleading, it cannot be considered objectionable.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Akanbi v. Salawu & Anor (2003) NLC-1251999(SC) at p. 3; Paras B–C.
"A ground of appeal complaining of misdirection in law and on the facts does not ipso facto make the ground of appeal incompetent. That would normally raise a ground of mixed law and fact, which is not unusual in many appeals. So long as it is not capable of misleading the other party, and the court is satisfied that its meaning can be reasonably elicited, it cannot be considered objectionable."
EXPLANATION / SCOPE
Grounds of mixed law and fact are permissible. The test is whether the ground is misleading. The principle applies to appellate practice. The court will not strike out grounds that are clear. The rule promotes substance over form. The appellant may rely on mixed grounds. The principle is well-established.