APPELLATE PRACTICE — Review of Judgment — Order 8 Rule 16 — Scope Limited to Clerical Mistakes and Accidental Slips
Ratio Decidendi
Per Ngwuta, JSC, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at pp. 32—33; Paras E—A:
"By the provision of Ord. 8 r.16, the Court can review its judgment but only for the specific and limited purpose of correcting any clerical mistake or some error arising from accidental slip or omission or to vary the judgment or order to give effect to its meaning or intention. ... A review envisaged by Ord. 8 r.16 leaves the judgment extant, albeit with the errors or slips corrected. The judgment still exists though in its corrected form. The relief sought here is to put the judgment out of existence which is in conflict with the correction of errors therein."
Explanation / Scope
This principle establishes that review under Order 8 Rule 16 is limited to correcting clerical mistakes, accidental slips, or giving effect to the judgment’s meaning, leaving the judgment extant. The principle applies where review is sought. It ensures that review does not annul judgments. The principle reflects the limited scope of review. It prevents abuse of review. The court must confine review to corrections. The principle provides guidance on review of judgments.