In the case of Chief Okumagba Eboh and Six ors. v. Ogbotemi Akpotu (1968) 1 All NLR 220 at 221 this court held: “It is not every irregularity that can nullify entire proceedings and it may well be open to a party claiming by virtue of an irregularity to contend that such irregularity does not materially affect the merits of the case or engender a miscarriage of justice or that in any case it was much too late for the other party to complain about such irregularity.”
COURT CANNOT BE SHACKLED BY PROCEDURE IRREGULARITY
In Federal Government of Nigeria V. Zebra Energy Ltd (2002) 18 NWLR (pt 798) 162 Belgore JSC (as he then was) again stated at pages 204 – 205 thus: “… Procedure is a guide to smoothen passage of suit; to direct the parties what to do and to guide the Court to arrive at the...