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FOR IRREGULARITY TO SUCCEED, MISCARRIAGE OF JUSTICE MUST BE SHOWN

Dictum

Adebayo v. Johnson (1969) 1 All NLR 176 where at page 190 this Court observed: “Even if the procedure adopted by the applicant Adebayo were wrong, we think that it is now much too late in the day for the directors to complain about it. They failed to challenge the correctness of the procedure at the commencement of the proceedings or on their entry into the case and sought unsuccessfully to get the Statement of Delinquencies filed by the applicant Adebayo struck out. Clearly in those circumstances the adoption of a wrong procedure would be no more than an irregularity, and would not render the entire proceedings a nullity as was submitted by learned counsel for the director Kamson: so unless a miscarriage of justice is thereby alleged and proved, the proceedings would not be struck out. See in re Kellock (1887) 56 L.T.R. 887: also Allen v. Oakey (1890) 62 LT.R. 724.”

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JUSTICE IS A THREE WAY TRAFFIC

And justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even only a two-way traffic. It is really a three-way traffic – justice for the appellant accused of a heinous crime of murder; justice for the victim, the murdered man, the deceased, “whose blood is crying to...

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THE LAW IS ON THE SUCCESSFUL PARTY’S SIDE

Generally, the law is on the side of the successful party, to assist him to reap the benefit(s) of the judgment. See NZERIBE V. DAVE ENGINEERING CO. LTD. (1994) 9 SCNJ 161. — I.G. Mbaba, JCA. Ogunleye v. Aina (2012) – CA/IL/22/2011 Was this dictum helpful? Yes 0 No 0...

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WHAT IS A MISCARRIAGE OF JUSTICE

From a longline of decisions of this court, miscarriage of justice can be said to be such a departure from the rules which permeate a judicial process as to make what happened not in the proper sense of the word judicial procedure at all. What constitutes a miscarriage of justice vary, not only in relation...

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SUBSTANTIAL JUSTICE OVER TECHNICALITY

EGOLUM V. OBASANJO (1999) 7 NWLR (Pt.511) 255 at 413, where the Supreme Court, per ACHIKE, JSC, held thus: ‘The heydays of technicalities are now over because the weight of judicial authorities has today shifted from undue reliance on technicalities to doing substantial justice evenhandedly to the parties to the case.” Was this dictum helpful?...

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COURT HAS TO ADMINISTER THE STATUTES LAW

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...

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