LEGAL PRINCIPLE: CIVIL PROCEDURE — Case Management — Commencement of Suit — Irregularity — Effect of Participation Without Objection
PRINCIPLE STATEMENT
Non-compliance with rules of court will not necessarily result in the judgment being set aside. Once a party takes a step in the proceedings, he waives the breach. It is not every irregularity that nullifies proceedings.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Kossen (Nig.) Limited v. Savannah Bank of Nig. Limited (1995) NLC-2091989(SC) at pp. 7–9; Paras. D–A.
"Non-compliance with rules of court will not necessarily result in the judgment given in the case being set aside. Once a step is taken in the proceedings by a party complaining about the breach of the rules of court, he is said to have waived the breach. It is not every irregularity that can nullify entire proceedings. Where the appellants took part in all proceedings before the trial court, it is too late in the day for them to complain about non-compliance with procedural rules."
EXPLANATION / SCOPE
Procedural irregularities do not automatically void proceedings. Participation waives the right to complain. The principle applies to all civil proceedings. The party must object promptly. The rule prevents tactical objections after participation. The court will examine whether the irregularity caused prejudice. The principle promotes efficiency and fairness.