See MAKERI SMELTING CO. LTD. VS. ACCESS BANK (NIG.) PLC (2002) 7 NWLR (Pt.766) 447 at 476-477. “The attitude of the Court has since changed against deciding cases on mere technicalities. The attitude of the Courts now is that cases should always be decided, wherever possible on merit. Blunders must take place from time to time, and it is unjust to hold that because a blunder has been committed, the party blundering is to incur the penalty of not having the dispute between him and his adversary determined upon the merits.”
Courts these days are concerned with real justice and not technical justice. It would be clear technical justice to hold that the suit in the instant case is statute barred when it was commenced within time and with judgments in favour of the the Respondent in the two Lower Courts but at the Supreme Court was struck out on the ground of lack of jurisdiction by the Federal High Court.
– Iyizoba, JCA. SIFAX v. MIGFO (2015)