LEGAL PRINCIPLE: CIVIL PROCEDURE — Case Management — Irregularity — When Not Fatal
PRINCIPLE STATEMENT
It is not every irregularity that can nullify entire proceedings. It may be open to a party to contend that such irregularity does not materially affect the merits of the case or engender a miscarriage of justice, or that it was much too late for the other party to complain.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Kossen (Nig.) Limited & Anor v. Savannah Bank of Nigeria Limited (1995) NLC-2091989(SC); citing Chief Okumagba Eboh and Six ors. v. Ogbotemi Akpotu (1968) 1 All NLR 220 at 221.
"It is not every irregularity that can nullify entire proceedings and it may well be open to a party claiming by virtue of an irregularity to contend that such irregularity does not materially affect the merits of the case or engender a miscarriage of justice or that in any case it was much too late for the other party to complain about such irregularity."
EXPLANATION / SCOPE
Not all irregularities are fatal. The court will consider whether the irregularity affected the merits or caused injustice. The principle applies the harmless error doctrine. The party complaining must show prejudice. The court may excuse irregularities that do not affect substantial justice. The rule applies to all civil proceedings. The court will examine the nature of the irregularity. The principle promotes substance over form.