LEGAL PRINCIPLE: CIVIL PROCEDURE — Irregularity in Proceedings — Waiver of Irregularity by Taking Steps in Proceedings
PRINCIPLE STATEMENT
An application to set aside for irregularity must be made within a reasonable time and before the party has taken fresh steps after becoming aware of the irregularity. An irregular proceeding can only be set aside if the party acted timeously.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Duke v. Akpabuyo Local Govt (2005) NLC-1282001(SC) at pp. 2–3; Paras D–A.
"An application to set aside for irregularity any proceeding, any step taken in any proceeding or any document, judgment order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken fresh steps after becoming aware of the irregularity… In matters of procedural irregularity such as in the instant case, firstly, it is settled that such an irregular proceeding, can only be set aside, if the party affected, acted timeously and before taking any or fresh step since discovering the irregularity."
EXPLANATION / SCOPE
Irregularity waived if not challenged timeously and before taking fresh steps. The principle applies to civil procedure.