Wednesday, August 12, 2015

grounds of law, facts and mixed law and facts

In giving a distinction between a ground of law and a ground of fact of mixed law and fact, the Supreme Court had evolved certain principles that would assist the courts. A question of law connotes one of three meanings to wit: (a) a question a court is bound to answer in accordance with a rule of law; or (b) a question which explains what the law is; or (c) a question which normally answers questions on law only and invariably, falls within the judicial power of a judex to answer. Contrariwise, a question of fact denotes one of three meanings, viz:- (a) a question which is not determined by a rule of law; or (b) any question except one as to what the law is; or (c) any question which is to be answered by the Jury and not the Judge. Thor Ltd. v. F.C.M.B Ltd (2002)4 NWLR (Pt.757)427; FBN Plc v. T.S.A Ind.Ltd. (2010) 15 NWLR (Pt.1216) 247; General Electric Co. v. Akande (2010) 18 NWLR (Pt.1225) 596; Abubakar v. Waziri (2008) 14 NWLR (Pt.1108)507; Ugboaja v. Akitoye-Sowemimo (2008) 16 NWLR (Pt.1113) 278

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