LEGAL PRINCIPLE: CIVIL PROCEDURE — Rules of Court — Substantial Justice — Court Should Not Be Tied Down by Technicalities
PRINCIPLE STATEMENT
Courts should not be unduly tied down by technicalities, particularly where no miscarriage of justice would be occasioned. Justice can only be done in substance, not by impeding it with mere technical procedural irregularities.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Famfa Oil Limited v. A.G., Federation & Anor (2003) NLC-3052002(SC) at p. 12; Paras B–C.
"Courts of law should not be unduly tied down by technicalities, particularly where no miscarriage of justice would be occasioned. Justice can only be done in substance and not by impeding it with mere technical procedural irregularities that occasion no miscarriage of justice."
EXPLANATION / SCOPE
Substantial justice prevails over technical procedural irregularities. The principle applies to all courts. The rule prevents technical dismissals. The court will overlook minor irregularities that do not affect justice. The principle is fundamental.