LEGAL PRINCIPLE: CIVIL PROCEDURE – Native Court Judgments – Appellate Court May Look Beyond Claim to Ascertain True Dispute
PRINCIPLE STATEMENT
When dealing with judgments or matters from native courts, an appellate court is entitled to go beyond what appears on the face of the claim and ascertain from the entire evidence what was really the nature of the dispute between the parties.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Agbasi v. Obi (1998) NLC-1821994(SC) at pp. 9–10; Paras D–E.
"It is equally settled that when dealing with judgments or matters from native courts, an appellate court is entitled to go beyond what appears on the face of the claim… and ascertain from the entire evidence before the native court what was really the nature of the dispute between the parties to the action and the land involved."
EXPLANATION / SCOPE
Native courts are not strictly bound by formal pleadings. Appellate courts may examine the entire record to understand the real dispute. The principle recognises the informal nature of native court proceedings. The court will focus on substance over form. The rule applies to appeals from customary courts, area courts, and native courts. The appellate court will not be constrained by technical deficiencies in the claim. The principle promotes substantial justice. The court will ascertain the true issues in controversy. The rule prevents decisions based on technicalities.