It would fall far short of ideal justice between man and man if, where no third party had been prejudiced by the omission, a party to a contract could evade his obligations merely be- cause the other party had not gone to a government office and registered the contract, but the courts have to administer the statute law as it stands and since the submission has been made the Court must consider its validity.
— Brett, JSC. Fakoya v Paul (1966) – SC. 238/1964
SHARE ON
It is now settled law, that it is not every mistake in a judgment or decision that can warrant the reversal of a decision. To justify a reversal of a decision, the error complained of must be of such a nature to cause real miscarriage of justice. In the instant case, the fact that a breach was considered, even if erroneously, in appeal which does not concern the appellant, cannot be a basis for the appellant to complain.
– Musdapher JSC. Gbadamosi v. Dairo (2007)
Again to be said is that it is not every error of law that is committed by a trial or appellate Court that justifies the reversal of a judgment. For a reversal to take place, the error must have occasioned a miscarriage of justice as it was material in the decision reached.
– M. Peter-Odili JSC. Adegbanke v. Ojelabi (2021)
Law is blind. It has no eyes. It cannot see. That explains why a statue of a woman with her eyes covered can be found in front of some High Courts. On the contrary justice is not blind. It has many eyes, it sees, and sees very well. The aim of courts is to do substantial justice between the parties and any technicality that rears its ugly head to defeat the cause of justice will be rebuffed by the court. See Bello v. A.G, Oyo State (1986) 12 SC P.1 Bello v. Ringim (1991) 7 NWLR Pt.206 P.675 When justice is done it brings joy to the Righteous. See Proverbs 21:15.
— O. Rhodes-Vivour, JSC. Wassah & Ors. v. Kara & Ors. (2014) – SC.309/2001
Wrong commencement of action does not vitiate it, if the ends of justice would be compromised.
– Yahaya, JCA. Petroleum Resources v. SPDC (2021)
By our trial process court relies on what parties have lawfully brought before the court and their evidence In support of those matters will dictate where the scale of justice tilts. But under no circumstances will the scale be tilted by virtue of the personalities In a case or importance of a case In the eyes of the public, for cases are not decided by public acclaim, I lathe lawful evidence that influence the fate of every case.
— Belgore, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988
OLADEJO ADEWUYI AJUWON & ORS VS FADELE AKANNI & ORS (1993) 12 SCNJ 32 AT 52 this Court held “It is not every error of law that is committed by a trial or appellate Court that justifies the reversal of a judgment. An appellant, to secure the reversal of a judgment, must further establish that the error of law complained of did in fact occasion a miscarriage of justice and/or substantially affected the result of the decision. An error in law which has occasioned no miscarriage of justice is immaterial and may not affect the final decision of a Court. This is because what an Appeal Court has to decide is whether the decision of judge was right and not whether his reasons were, and a misdirection that does not occasion injustice is immaterial. The error in law in applying the doctrine of lis pendens complained of did not occasion any miscarriage of justice. The erroneous application of the doctrine of lis pendens notwithstanding, there was no other course that was open to the Court of Appeal in the appeal than to invalidate the sale in issue and to dismiss the appeal before it”.
Click the icons to like, follow, and join JPoetry