LEGAL PRINCIPLE: APPELLATE PRACTICE — Appeals from Area Courts — Attitude of Appellate Courts
PRINCIPLE STATEMENT
Appellate courts must not be too strict with matters of procedure or technicality when dealing with appeals from Area Courts; the object is that the real dispute should be fairly adjudicated upon.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Agbeje & Ors v. Ajibola & Ors (2002) NLC-341996(SC) at p. 9; Para E.
"In dealing with appeals from native or customary tribunals which include the Area or Upper Area Courts, appellate courts must not be too strict with regard to matters of procedure or technicality as the whole object of such trials is that the real dispute between the parties should fairly be adjudicated upon."
EXPLANATION / SCOPE
Appellate courts reviewing Area Court decisions must adopt a liberal approach. Technicalities and procedural strictness should not defeat substantial justice. Area Courts are lay tribunals not bound by strict rules of evidence. The court focuses on whether the real dispute was fairly adjudicated. The principle recognises the informal nature of customary courts. The appellate court will not reverse for minor procedural irregularities. The goal is to get to the bottom of the dispute. The rule applies to both civil and criminal appeals. The court will overlook harmless errors. The principle promotes access to justice in customary courts.