LEGAL PRINCIPLE: CIVIL PROCEDURE – Clerical Errors in Judgment – Effect
PRINCIPLE STATEMENT
Not every slip in a judgment can result in it being upset. A mistake or omission must be substantial and affect the decision appealed against to warrant reversal.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Eze v. Obiefuna (1995) NLC-1321989(SC) at p. 8; Paras D--E.
"It is not every slip in a judgment that can result in the judgment being upset. A mistake or omission which can lead to a reversal of a decision must be substantial in the sense that it affected the decision appealed against."
EXPLANATION / SCOPE
Minor clerical errors do not invalidate a judgment. The error must be substantial and affect the outcome. The principle applies the harmless error doctrine. The appellate court will not reverse for trivial mistakes. The appellant must show that the error caused a miscarriage of justice. The rule promotes finality and judicial efficiency. The court may correct clerical errors under the slip rule. The principle applies to both civil and criminal appeals. The court will examine whether the error is material.