JUDGMENT AND ORDER – ERROR/MISTAKE IN JUDGMENT – Whether every error/mistake in a judgment will result in a judgment being set aside; condition for error/mistake to ground the setting aside of a judgment and duty of a party to demonstrate that a miscarriage of justice was occasioned


“It need be brought up that it is not in all instances of failure of a Court to give opportunity to the parties to address it that automatically occasions a miscarriage of justice since each case depends on its own merit. Therefore, it is not sufficient for the purpose of reversing a judgment merely to show that an error of law was committed by the trial or appellate Court. The appellant must further demonstrate or show that the error of law in the case in question occasioned a miscarriage of justice. In other words, the error must have substantially affected the result of the decision and that is not the case in this instance. See Chief Johnson Imah & Anor v Chief Ajowele Okogbe & Anor (supra). In the case of 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.” Per PETER-ODILI, JSC inADEGBANKE v. OJELABI & ORS (2021-LCER-40456-SC) (Pp 23 – 24 Paras C – G)

Add to LawKit (0)