LEGAL PRINCIPLE: CIVIL PROCEDURE – Extension of Time and Negligence of Counsel – Party Should Not be Penalized for Counsel’s Negligence
PRINCIPLE STATEMENT
A party should not be penalised for the negligence of his counsel, especially where there are other factors militating against prompt action.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Attorney-General of the Federation v. A.I.C. Limited & Ors (1995) NLC-1851994(SC) at pp. 14–15; Paras D–A.
"I agree with Mr. Ayoade that the appellant should not be penalised for the negligence of Mr. Jegede... Added to that was the fact that the affidavits in support show that there had been three changes within one year in the appellant which militated against taking a prompt action in the matter."
EXPLANATION / SCOPE
A litigant should not suffer for counsel’s procedural mistakes. The court may grant extension of time despite counsel’s negligence. The principle applies to applications for extension of time to appeal. The court considers the overall interests of justice. The rule does not protect gross negligence or chronic delay. The party must show that the delay was not deliberate. The court may order costs against the negligent counsel. The principle balances the need for finality with fairness. The court will examine whether the opposing party will be prejudiced. The rule promotes access to justice.