Ratio Decidendi

Per Akintan, JSC, in Garuba v. Yahaya (2007) NLC-123-84-1999(SC) at pp. 6–7; Paras D–A:

"Appellate courts are also required not to be unduly strict or rigid with regard to matters of procedure when dealing with appeals from native courts, customary courts or area courts... it is not the form of an action but the substance of the claim that is the dominant factor; the entire proceedings in such court have to be scrutinized to ascertain the subject matter of the case and the issues raised therein; and it is permissible to look at both the claim as framed, the findings of fact and even evidence given before such courts to ascertain what the real issues are."

Explanation / Scope

Appellate courts take a substance-over-form approach, especially when dealing with appeals from native or customary courts. The dominant factor is the substance of the claim, not its form. Courts will scrutinize the entire proceedings to ascertain the real issues and do substantial justice. Rigid procedural compliance is not required.

Cases Applying This Principle