Cooperative And Commerce Bank Nig. Ltd. Plc V. Attorney General Anambra State & Anor (1992) 8 NWLR (Pt. 261) 528 at 561 held as follows;
“it will be contrary to all principles to allow litigants to suffer for the mistake of the Court Registry. In other words, the Court will not visit the sin of the Court’s Registry on a litigant or his counsel, unless, it was shown that the litigant or his counsel was a party thereto or had full knowledge of the sin or mistake and encouraged or condoned the said act. Therefore, on the authorities, justice, equity, fairness and good conscience, must persuade me, to hold further that this appeal deserves to succeed and it in fact does.”
INVOKING A COURT UNDER WRONG LAW DOES NOT STOP THE COURT
But that in order to benefit from the principle, the facts relied upon, must support the correct law to be applied. In other words, where a court has jurisdiction to make an order, the fact that the power of the court, is invoked under a wrong law or rule of court, is no reason, for...