Nnachi v. Onuorah & Anor (2011) LPELR – 4626 (CA) @ pp. 16 -17, where this Court per Garba JCA (as he then was but now JSC) had stated inter alia thus: “The law is settled that the Rules of Court binds both the Court and especially the parties in the preparation of processes to be filed in the Court. The Rules of Court are not intended or made merely to adorn the pages on which they were printed and to decorate the shelves or libraries of the Court, but meant to be complied with since it regulates the practice and procedure in the exercise of the Court’s powers and jurisdiction over matters that come before them. Because our Courts are Courts of law their powers and jurisdiction conferred by the law should or must be exercised in compliance or adherence with the rules of practice and procedure pursuant to the law. The primary duty of the Court is to do justice in cases that come before them, in accordance with the Rules of the Court provided to guide the procedure for the attainment of such justice which is to be justice according to the law applied to the peculiarities of a given case.”
NONCOMPLIANCE IN RULES WILL NOT RESULT IN JUDGEMENT BEING SET ASIDE
It is trite to say that non-compliance with rules of court will not necessarily result in the judgment given in the case being set aside and it is also clear that once a step is taken in the proceedings by a party complaining about the breach of the rules of court he is said to have waived the breach. This was the decision of this court in the case of Jozebson Industries Co. v. R. Lauwers Import-Export (1988) All NLR 310 at 333; (1988) 3 NWLR (Pt.83) 429.
— Mohammed, JSC. Kossen v Savannah Bank (1995) – SC.209/89