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UNITED BANK FOR AFRICA LIMITED V. STAHLBAU GMBH & CO. KG.

(1989) JELR 41817 (SC)

Supreme Court  •  SC.224/1988  •  2 Jun 1989  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; ABUBAKAR BASHIR WALI JSC;

Judgement

OBASEKI, J.S.C. (Delivering the Leading Judgment): The short point in this appeal is whether the ground of appeal filed along with the notice of appeal to the Court of Appeal raises a question or questions of law alone. The point highlights the difficulty in drawing the thin fine line between grounds of appeal involving questions of law alone and grounds of appeal involving questions of mixed law and fact. The point also highlights the continued practice of counsel drafting grounds of appeal to the appeal courts erroneously classifying or describing grounds involving questions of mixed law and fact as grounds of law alone thereby removing or underplaying the emphasis which the questions of fact the grounds involve deserve to the detriment of the appellants rights to articulate the questions involved.

The genesis of this matter began in the High Court of Lagos, Ikeja Judicial Division where the plaintiff filed a writ of summons endorsed with the claim which reads:

"The plaintiffs' clai…

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