LEGAL PRINCIPLE: CIVIL PROCEDURE — Retrial — When Ordered — Absence of Legally Admissible Evidence
PRINCIPLE STATEMENT
Courts should afford parties a reasonable opportunity for their claims to be adequately investigated and properly determined on their merits, especially where a judgment was reached based on no facts laid before the court due to wrong procedure.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Shanu & Anor v. Afribank Nigeria Plc (2002) NLC-1691997(SC) at pp. 27–28; Paras D–A.
"Courts are set up to do substantial justice and to ensure that there is a real semblance of the pursuit of it. Justice cannot be seen to have been done when a judgment is reached based on no facts whatsoever laid before the court because of a wrong procedure adopted by the parties and the court whereas there are facts ordinarily available. It is in the interest of justice that parties should be afforded a reasonable opportunity, in appropriate circumstances, for their claims to be adequately investigated and properly determined upon their merits."
EXPLANATION / SCOPE
A retrial may be ordered where a judgment was based on no admissible evidence due to procedural error. The court will not allow a party to be shut out from presenting their case on the merits. The principle promotes substantial justice over technicality. The appellate court may order a retrial to allow proper adjudication. The rule applies where there are facts available that were not properly presented. The court will consider whether a retrial would serve the interest of justice. The principle prevents injustice from procedural missteps. The order for retrial is discretionary. The court will not order a futile retrial.