LEGAL PRINCIPLE: CIVIL PROCEDURE – Mistake of Counsel – Court Will Not Punish Litigant for Counsel’s Procedural Mistake
PRINCIPLE STATEMENT
The courts will generally not punish a litigant for the mistake or inadvertence of his counsel when the mistake or inadvertence is in respect of procedural matters and in such a case the discretion of the court, although always required to be exercised judicially, would be exercised with a leaning towards accommodating the parties' interest and determination of the case on the merits.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Ogundoyin & Ors v. Adeyemi (2001) NLC-1231996(SC) at p. 8; Paras C–E.
"The courts will generally not punish a litigant for the mistake or inadvertence of his counsel when the mistake or inadvertence is in respect of procedural matters and in such a case the discretion of the court, although always required to be exercised judicially, would be exercised with a leaning towards accommodating the parties' interest and determination of the case on the merits."
EXPLANATION / SCOPE
Courts should not punish litigants for counsel’s procedural mistakes or inadvertence. The discretion exercised should lean towards accommodating the parties’ interests and determining the case on the merits. This principle recognizes that litigants should not suffer irreparable harm from their lawyer’s errors. However, the mistake must be procedural—not substantive or deliberate. The court balances fairness to both parties. The opposing party may be compensated by costs. The principle prevents technical dismissals that defeat justice. It applies where the litigant acted in good faith and the mistake is not gross negligence. The court’s primary duty is to do substantial justice, not enforce procedural perfection.