LEGAL PRINCIPLE: APPELLATE PRACTICE — Misapprehension of Case — Effect on Judgment
PRINCIPLE STATEMENT
Where a court misapprehends a party's case and decides the case as misrepresented, its decision will not be right and will be set aside. Misunderstanding of the case submitted is a fundamental vice rendering the decision indefensible and unsustainable.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Adejugbe & Anor v. Ologunja (2004) NLC-2302000(SC) at p. 17; Paras A–B.
"Where a court misapprehends a party's case like in the case in hand and it goes on to decide the case as misrepresented, its decision will not be right and it will be liable to be set aside. The facts misrepresented by the court below in the instant case are crucial and material and their decision would have been different had the facts been correctly appraised and understood. Thus, the misunderstanding of the case submitted by the parties is, according to law, a fundamental vice liable to render that decision indefensible and unsustainable. It is in my judgment a serious error that attaches to the judgment."
EXPLANATION / SCOPE
A court that misapprehends a party’s case and decides on that misrepresentation commits a fundamental vice. Such a decision is indefensible and must be set aside. The principle applies to all appellate proceedings. The rule protects parties from judgments based on misunderstood facts or claims. Material misapprehension renders the decision unsustainable. The appellate court will correct such error.
