GROUND OF LAW IN A NOTICE OF APPEAL

• Date: 06 February 2019

(1) "As carefully set out by Nnaemeka-Agu, J.S.C. in Nwadike v. Ibekwe (supra) on the point - (a) It is an error in law if the adjudicating Tribunal took into account some wrong criteria in reaching its conclusion. O’Kelly v. Trusthouse Forte Plc (1983) 3 All E.R. 468 (b) Several issues that can be raised on legal interpretation of deeds, documents, term of arts and inference drawn therefrom are grounds of law. Ogbechie v. Onochie (supra) at 491 (c) Where a ground deals merely with a matter of inference, even if it be inference of fact, a ground framed from such is a ground of law. Benmax v. Austin Motors Co. Ltd. (1945) 1 All E.R. 326 (d) Where a Tribunal states the law in a point wrongly, it commits an error in law. (e) Where the complaint is that there was no evidence or no admissible evidence upon which a finding or decision was based, same is regarded as a ground of law. (f) If a Judge considers matters which are not before him and relies on them for the exercise of his discretion, he will be exercising same on wrong principles and this will be a question of law. Metal Construction (W.A) Ltd. v. Migliore (supra) at page 315." - Per Fabiyi, J.S.C., in Ajuwa v. S.P.D.C.N. Ltd Suit No. S.C. 290/2007; (2011) 18 N.W.L.R. (Pt. 1279) 797 at 822 - 823.

(2) "In the case of FBN Plc v. TSA Industrial Ltd. (2010) 15 N.W.L.R. (Pt. 1216) page 247 at 292 paras. A-B, the Supreme Court held thus: "A ground of appeal which is a complaint of the misapplication of correctly stated principles of law to the facts of a case is a ground of law alone." - Per Tukur, J.C.A., in Obi v. Etiaba Suit No. CA/L/129/2011; (2015) 6 N.W.L.R. (Pt. 1455) 377 at 390.

(3) "This Court had, for instance, laid down the general principles in making the distinction between different types of grounds of appeal. Some of these principles have been elucidated in the case of Calabar Co-op. Ltd. & 2 Ors. v. Ekpo (2008) 1 - 2 S.C. 229 at 273-275, reported as C.C.C.T.C.S. Ltd. v. Ekpo (2008) 6 N.W.L.R. (Pt. 1083) 362 at 408-409, paras. A-B where the following instances were held as grounds of pure law: a. Where a ground complains of a misunderstanding by the lower Court of the law or a misapplication of the law to the facts already proved or admitted, it is a ground of law. b. Where the lower Court or Tribunal applying the law to the facts in a process which requires the skill of a trained lawyer, this is a question of law. c. Where the lower Court reaches a conclusion which cannot...