Issues of Law

A ground of appeal does not qualify as a ground of law simply on the basis of its been so called. The determining factor in assessing whether or not a ground of appeal is one of law or of mixed law and facts or of facts alone is the complaint for which the ground had been employed. The type of complaint an appellant set out to make is invariably deciphered from an examination of the ground itself. Where the ground of appeal is based on a complaint of errors emanating from a conclusion or undisputed facts, the ground is a ground of law. If the errors complained of are founded on disputed facts and by the complaint, the correctness of the ascertained facts is being challenged, the ground is one of mixed law and fact. Where the trial Court is asked to exercise its discretion and the complaint in the ground of appeal relates to the exercise of the Court's discretionary powers, the ground would be one of mixed law and fact. In the instant case, the facts disclosed in the disputed grounds of appeal are not in contention. They are no longer in dispute as they have been settled. What, is in dispute is the law applicable to those sets of facts. I am of the firm view that the three grounds, subject of the objection are grounds of law that do not require the leave of this Court. See UBA Ltd v Stahibau GMBH (1989) 3 NWLR (Pt. 110) 374; ACB Ltd v Obmiami Brick & Stone Ltd (1993) 5 NWLR (Pt. 294) 399; Metal Construction (W.A) Ltd v Migliore(1990) 1 NWLR (Pt. 126) 299; Ifediorah v Ume (1988) 2 NWLR (Pt. 74) 5; Ogbechie v Onochie (1986) 2 NWLR (Pt. 23) 484; Nwadike v Ibekwe (1987) 4 NWLR (Pt. 67) 718.

The law is settled that any point of law and/or facts not appealed against is deemed to have been conceded by the party against whom it was decided and the said point remains binding on the parties. See Vaswani Trading Co. V Savalakh & Co (1972) 12 SC, Chief Ogunyade V. Oshunkeye & anor (2007) 12 NWLR (Pt 1057) 218 at 257 and AG Lagos State V AG Federation & Ors (2014) LPELR-22701 (SC).