APPELLATE PRACTICE — Appeal — Restoration of Dismissed Appeal — Where lower court finds appellant had no notice of conditions of appeal
Principle Statement
It is settled law that it is not every mistake by a lower court that would lead to the decision reached in the proceedings being set aside by the appellate court.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Ukiri v. Geco-Prakla (Nig.) Ltd (2010) NLC-123-141-2003(SC) at pp. 16–17; Paras B–C.
"It is settled law that it is not every mistake by a lower court that would lead to the decision reached in the proceedings being set aside by the appellate court."
Explanation / Scope
This principle establishes that not every mistake by a lower court leads to the decision being set aside. Only material errors that affect the outcome justify interference. The principle applies where lower court errors are alleged. It ensures that minor errors do not lead to reversal. The principle reflects that errors must be material. It prevents appeals based on inconsequential mistakes. The court must determine if the error affected the outcome. The principle provides guidance on the effect of lower court mistakes.
