LEGAL PRINCIPLE: CIVIL PROCEDURE — Substantial Justice — Courts Should Do Substantial Justice Without Undue Adherence to Technicalities
PRINCIPLE STATEMENT
The attitude of the courts nowadays is to do substantial justice without undue adherence to technicalities. Justice can only be done if the substance of the matter is examined. Reliance on technicalities leads to injustice.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC) at p. 11; Paras C–D.
"The attitude of the courts nowadays is to do substantial justice without undue adherence to technicalities. Justice can only be done if the substance of the matter is examined. Reliance on technicalities leads to injustice."
EXPLANATION / SCOPE
Courts must prioritize substantial justice over mere technicalities. Examining the substance of the matter ensures justice is done. The principle applies to all civil proceedings. Reliance on technicalities leads to injustice. The rule encourages courts to look beyond procedural defects to the merits. However, fundamental jurisdictional defects cannot be cured by this principle. The court must balance substance with essential procedural requirements.