APPELLATE PRACTICE — Court Registry — Mistake of Registry Staff — Litigant Not to Suffer
Ratio Decidendi
Per I.T. Muhammad, JSC, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at p. 17; Paras A—C:
"It will be contrary to all principles to allow litigants to suffer the mistake of the court Registry. In other words, the Court will not visit the 'sin' of the Court's Registry, on a litigant or his counsel, unless, it was shown that the litigant and/or his counsel was a party thereto or had full knowledge of the 'sin' or mistake and encouraged or condoned the said act."
Explanation / Scope
This principle establishes that a litigant should not suffer for the mistake of the court Registry unless the litigant or counsel was a party to or had knowledge of the mistake and encouraged it. The principle applies where Registry errors occur. It ensures that litigants are not penalized for Registry mistakes. The principle reflects the fairness principle. It prevents injustice. The court must not visit the sin on the litigant. The principle provides guidance on Registry mistakes.