LEGAL PRINCIPLE: CIVIL PROCEDURE — Judgment Writing — Accidental Slip — Meaning and Scope — Clerical Mistake in Expressing Court’s Intention
PRINCIPLE STATEMENT
The words "accidental slip" mean a clerical mistake in a judgment or order; such error must be an error in expressing the manifest intention of the court.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Ogunsola v. NICN (1995) NLC-241992(SC) at p. 12; Paras. C–D.
"The words 'accidental slip' have been judicially considered to inter alia, mean a clerical mistake in a judgment or order. Such error must be an error in expressing the manifest intention of the court..."
EXPLANATION / SCOPE
The slip rule allows correction of clerical errors in judgments. The error must be accidental and reflect a mistake in expressing the court’s intention. The rule does not allow substantive changes. The court can correct the record on motion. The principle applies to both trial and appellate courts. The correction relates back to the original date. The court must ensure that no intervening rights are affected. The rule prevents injustice from technical errors. The party seeking correction must show that the error was accidental. The court will not rewrite the judgment.