LEGAL PRINCIPLE: CIVIL PROCEDURE — Irregularity in Proceedings — Meaning of “Irregularity” in Respect of Procedures
PRINCIPLE STATEMENT
The term "irregularity" in respect of procedures denotes something not fundamentally tainting a proceeding as to render it invalid or a nullity; it is curable.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Duke v. Akpabuyo Local Govt (2005) NLC-1282001(SC) at p. 2; Paras B–C.
"The term 'irregularity' in respect of procedures, is most often construed by the court to denote something not being fundamentally tainting or besmirching a proceeding as to render it invalid or a nullity, id est, it is curable."
EXPLANATION / SCOPE
Irregularity does not render proceedings void or a nullity; it is curable. The principle applies to civil procedure.