LEGAL PRINCIPLE: APPELLATE PRACTICE — Error in Judgment — Substantial Error Required to Interfere
PRINCIPLE STATEMENT
It is not every mistake or error in a judgment that will result in an appeal being allowed. It is only when the error is substantial in that it has occasioned a miscarriage of justice that an appellate court is bound to interfere.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Owhonda v. Ekpechi (2003) NLC-1981999(SC) at p. 18; Paras A–B.
"It is not every mistake or error in judgment that will result in an appeal being allowed. It is only when the error is substantial in that it has occasioned a miscarriage of justice that an appellate court is bound to interfere."
EXPLANATION / SCOPE
Only substantial errors causing miscarriage of justice warrant reversal. The principle applies to all appeals. Minor errors are not grounds for intervention. The rule promotes finality. The appellant must show prejudice. The principle is well-established.