LEGAL PRINCIPLE: CIVIL PROCEDURE — Case Management — Irregularity in Commencement of Action — Effect and Waiver
PRINCIPLE STATEMENT
Non-compliance with rules of court will not necessarily result in the judgment being set aside. Once a step is taken in the proceedings by a party complaining about the breach, he is said to have waived the breach.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Kossen (Nig.) Limited & Anor v. Savannah Bank of Nigeria Limited (1995) NLC-2091989(SC); citing Jozebson Industries Co. v. R. Lauwers Import-Export (1988) 3 NWLR (Pt.83) 429.
"It is trite to say that non-compliance with rules of court will not necessarily result in the judgment given in the case being set aside and it is also clear that once a step is taken in the proceedings by a party complaining about the breach of the rules of court he is said to have waived the breach."
EXPLANATION / SCOPE
Procedural irregularities do not automatically void proceedings. A party who participates in proceedings after an irregularity waives the right to complain. The principle promotes efficiency and prevents tactical objections. The court will examine whether the irregularity caused prejudice. The rule applies to all civil proceedings. The party must object promptly. The court may excuse non-compliance in the interest of justice. The principle balances procedural compliance with substantive justice.