APPEAL – GROUND(S) OF APPEAL – How to determine whether a ground of appeal is one of law, facts or mixed law and facts


“…In determining into what category a ground of appeal falls, it has been enjoined again and again by this Court that the Court must look closely at the main ground with the particulars thereof to see whether it is a ground of law or mixed law and facts or fact simpliciter. This consideration stems from the fact that it is not sufficient that counsel of the appealing litigant has branded a ground of appeal a ground of law, for the Court to accept it to be so, or for it to be taken as a ground of law. See: Shittu v. P.A.N. LTD (2018) 15 NWLR 195.” Per ABDU ABOKI, JSC in SANI v. KOGSHA & ORS (2021-LCER-40499-SC) (Pp 7 – 7; Paras D – F)

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