APPELLATE PRACTICE — Substantial Justice — Determination of Cases on Merit — Avoidance of Technicalities
Ratio Decidendi
Per Mahmud Mohammed, JSC, quoting Wali, JSC in Nneji v. Chukwu (1988) 3 N.W.L.R. (Pt. 81) 184 at 199, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at p. 21; Paras A—B:
"The attitude of this Court has always been that whenever it is possible to determine a case on its merit, the Court should not cling to mere legal technicalities to refuse a Complainant, (be he the Appellant or the Respondent) the opportunity of being heard for fear that such attitude might cause a temporary delay in disposal of the case."
Explanation / Scope
This principle establishes that courts should determine cases on their merits and not cling to technicalities to deny a party the opportunity to be heard, even if it causes temporary delay. The principle applies in all proceedings. It ensures that substantial justice prevails. The principle reflects the preference for merits over technicalities. It prevents injustice. The court must hear cases on the merits. The principle provides guidance on substantial justice.