APPELLATE PRACTICE ā Appeal ā Restoration of Dismissed Appeal ā Duty of court to do substantial justice
Principle Statement
It is settled law that the courts are enjoined in the adjudication of disputes between the parties to do substantial justice and not to have an undue regard to technicalities.
Ratio Decidendi (Source)
Per Musdapher, JSC, in Ukiri v. Geco-Prakla (Nig.) Ltd (2010) NLC-123-141-2003(SC) at pp. 9ā10; Paras DāA.
"It is settled law that the courts are enjoined in the adjudication of disputes between the parties to do substantial justice and not to have an undue regard to technicalities."
Explanation / Scope
This principle establishes that courts must do substantial justice and not be unduly technical. The principle applies in all proceedings. It ensures that justice is the overriding consideration. The principle reflects that technicalities should not defeat justice. It prevents dismissal of meritorious cases on technical grounds. The court must prioritize substantial justice. The principle provides guidance on the approach to technicalities.
