LEGAL PRINCIPLE: CIVIL PROCEDURE — Estoppel — Res Judicata — Parties — What Constitutes Same Parties in Customary Court Proceedings
PRINCIPLE STATEMENT
In dealing with proceedings from Native or Customary Courts, appellate courts must not be unduly strict with regard to matters of procedure; the substance of the claim is the determinant factor.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC (dissenting), in Okukuje v. Akwido (2001) NLC-581992(SC) at p. 53; Paras B–D.
"In dealing with proceedings from Native or Customary Courts, appellate courts must not be unduly too strict with regard to matters of procedure as the whole object of such trials is that the real dispute between the parties should be adjudicated upon without unnecessary resort to form and/or undue technicalities. It is the substance of such a claim that is, in law, the determinant factor."
EXPLANATION / SCOPE
Appellate courts reviewing Customary Court proceedings must not be overly strict on procedural technicalities. The substance of the claim, not formal party designation, determines the real parties. Customary Courts focus on resolving real disputes without excessive formalism. The court may look beyond the named parties to identify the real parties in interest. The principle applies to determining identity of parties for res judicata. If the same real dispute was adjudicated between the same real parties, technical differences in naming do not prevent estoppel. The court examines the substance of the proceedings. The rule ensures that justice is not defeated by technical pleading errors in customary courts.
