LEGAL PRINCIPLE: CIVIL PROCEDURE — Amendment of Pleadings — Appellate Stage — Restrictive Exercise of Inherent Powers
PRINCIPLE STATEMENT
Although an appellate court has inherent powers of amendment in proper cases, such powers are exercised restrictively on appeal. Generally, they are exercised to correct obvious accidental slips and omissions apparent on the record and to enable the pleading conform with the evidence on record.
RATIO DECIDENDI (SOURCE)
Per Nnaemeka-Agu, JSC, in Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) NLC-1361990(SC) at p. 13; Paras A–B.
"Although an appellate court has inherent powers of amendment of the proceedings in proper cases, such powers are exercised rather restrictively on appeal. Generally, they are exercised to correct obvious accidental slips and omissions apparent on the record and also to enable the pleading conform with the evidence on record."
EXPLANATION / SCOPE
Appellate courts exercise amendment powers restrictively. The principle applies to appellate practice. Amendments are allowed only for obvious slips or to conform evidence. The rule prevents abuse of appellate process. The court will not allow substantive amendments that change the case. The principle is well-established.