LEGAL PRINCIPLE: APPELLATE PRACTICE – Error in Judgment – When Reversal Justified
PRINCIPLE STATEMENT
It is not every mistake or error in a judgment that will result in an appeal being allowed. It is only where the error is substantial in that it has occasioned a miscarriage of justice that the appellate court is bound to interfere.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC) at p. 27; Paras B–C.
"It is not every mistake or error in a judgment that will result in an appeal being allowed. It is only where the error is substantial in that it has occasioned a miscarriage of justice that the appellate court is bound to interfere."
EXPLANATION / SCOPE
Not every error warrants appellate intervention. Only substantial errors that occasion a miscarriage of justice justify reversal. Minor, immaterial, or harmless errors—those not affecting the outcome or fairness of proceedings—do not require disturbance. The appellate court assesses whether the error materially affected the decision or denied a party fair hearing. This principle prevents appeals from succeeding on technicalities where substantial justice was done. The burden is on the appellant to demonstrate that the error was not merely technical but fundamentally prejudicial.