LEGAL PRINCIPLE: APPELLATE PRACTICE — Error in Judgment — When Error Occasions Miscarriage of Justice
PRINCIPLE STATEMENT
Not every mistake or slip in a judgment results in reversal; only substantial errors that occasion a miscarriage of justice warrant appellate interference.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Agbeje & Ors v. Ajibola & Ors (2002) NLC-341996(SC) at p. 11; Paras D–E.
"It is not every mistake, error or slip of the pen in a judgment that will result in the appeal being allowed. It is only when the error is substantial in that it has occasioned a miscarriage of justice that the appellate court is bound to interfere."
EXPLANATION / SCOPE
Appellate courts will not reverse for every error. The error must be substantial and cause a miscarriage of justice. Minor, technical, or harmless errors do not warrant interference. The appellant must demonstrate that the error materially affected the outcome. The principle applies the harmless error doctrine. The court assesses whether the result would have been different but for the error. The burden is on the appellant to show prejudice. The rule prevents appeals from succeeding on technicalities. The appellate court will affirm if substantial justice was done despite minor errors. The principle promotes finality and judicial efficiency.