Once an applicant asks for alternative relief, it is not within his prerogative to declare the main relief a mistake or error.
That right or prerogative belongs to the Court that will choose and pick whichever alternative is right. The question of whether there is anything in the applicant's affidavit to show that this application is aimed at correcting any error or a mistake in the applicant's relevant grounds of appeal does not arise at all. It is sufficient for the applicant to show the alternative by requesting for leave in respect of the ground of appeal, which it has reflected in its amended notice of appeal.
STANBIC IBTC BANK PLC V. LONGTERM GLOBAL CAPITAL LIMITED &
Misdirection is defined by Black's Law Dictionary 7th Edition as an erroneous jury instruction that may be grounds for reversing a verdict, while fact is defined by the same dictionary at page 610 as something that actually exists; an aspect of reality. An actual or alleged event or circumstance as distinguished from its legal effect, consequence or interpretation.
From the definitions herein, a misdirection is certainly not the same thing as error of fact. Error of law and error of fact where particulars are provided, cannot render a ground of appeal incompetent where the particulars are sufficiently provided.