Showing posts with label facts and mixed law and facts. Show all posts
Showing posts with label facts and mixed law and facts. Show all posts

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