LEGAL PRINCIPLE: APPELLATE PRACTICE — Decision — Misconception of Case by Appellate Court — Effect on Determination
PRINCIPLE STATEMENT
When a court misconceives the nature of what it is called upon to decide, it will in all probability arrive at a wrong conclusion. The decision of the court below is set aside and the suit ordered to be heard on its merits by another Judge.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC) at pp. 11–12; Paras E–A.
"It is an established principle of law, arising from the logic of reasoning, that when a court misconceives the nature of what it is called upon to decide, it will in all probability arrive at a wrong conclusion. That was what happened in the present case. I therefore find merit in this appeal and allow it. I set aside the decisions of the two courts below together with the costs awarded. It is ordered that the suit be heard on its merits by a Judge of the Ogun State High Court other than Osidipe, J."
EXPLANATION / SCOPE
A court that misconceives the issue before it will likely reach a wrong conclusion. Such decisions must be set aside on appeal. The principle applies to appellate practice. The rule allows appellate correction of fundamental misapprehension. The case may be remitted for rehearing before a different judge. Misconception vitiates the entire decision.
