MEANING OF JUST AND FAIR

In the latter regard I refer to Halsbury’s Law of England, Vol. 21, page 348 para. “370.Meaning of just or convenient. The words just or convenient in the statutory provision (k) must be read just, as well as convenient (l). They do not mean that the court can grant an injunction simply because the court thinks it convenient, but mean that the court should grant an injunction for protection of rights or the prevention of injury according to legal principles (m). They confer no arbitrary nor unregulated discretion on the court, and do not authorise it to invent new modes of enforcing judgment in substitution for the ordinary modes (o).”

— Agbaje JSC. Okoya & Ors. V. S. Santilli & Ors. ( SC.206/1989, 23 MAR 1990)

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ENDS OF JUSTICE SUPERCEDES MODE OF ACTION COMMENCEMENT

Wrong commencement of action does not vitiate it, if the ends of justice would be compromised.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

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JUSTICE OF THE CASE IS DETERMINED BY THE FACTS OF THE CASE

Justice of a case cannot be determined in vacuo but in relation to the facts of the case. Justice so to say, which is not done within the facts of a case is not justifice properly so called but justice in inverted commas and therefore injustice.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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DESPITE SLOWNESS, JUSTICE WILL STILL BE ACHIEVED

It is tragic that this case continues to be beset with delays peculiarly characteristic of the slow movements of the mechanism of justice and the need to ensure that justice is done and fair hearing given to the parties in the case. The wheels of justice grind slowly but surely till its purpose is achieved.

— Obaseki, JSC. Odi v Osafile (1985) – SC.144/1983

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MISTAKE TO CAUSE MISCARRIAGE OF JUSTICE

It is now settled law, that it is not every mistake in a judgment or decision that can warrant the reversal of a decision. To justify a reversal of a decision, the error complained of must be of such a nature to cause real miscarriage of justice. In the instant case, the fact that a breach was considered, even if erroneously, in appeal which does not concern the appellant, cannot be a basis for the appellant to complain.

– Musdapher JSC. Gbadamosi v. Dairo (2007)

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AN ERROR OF LAW COMPLAINED OF MUST HAVE CAUSED A MISCARRIAGE OF JUSTICE

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”.

JUSTICE DOES NOT RELY IN FORMS & TECHNICALITIES

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MEANING OF JUST AND FAIR

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ENDS OF JUSTICE SUPERCEDES MODE OF ACTION COMMENCEMENT

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JUSTICE OF THE CASE IS DETERMINED BY THE FACTS OF THE CASE

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DESPITE SLOWNESS, JUSTICE WILL STILL BE ACHIEVED

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MISTAKE TO CAUSE MISCARRIAGE OF JUSTICE

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AN ERROR OF LAW COMPLAINED OF MUST HAVE CAUSED A MISCARRIAGE OF JUSTICE

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