Whether Mere Mistake can lead to Reversal of Court Judgement – Saheed Afeez Ayinde – Deemlawful
In this case, the court as per MUSA DATTIJO MUHAMMAD, J.s.c had stressed the finality of Court’s decision in his below Ratio:
No doubt, the court is the temple of justice where flawless judgement is given to parties in litigations without ignoring the public stance. Hence justice is termed three way traffic.
This justice is ensured to be free from every forms of errors and that has been the duty of the court vis-a-vis the superior courts that serve as supervisory over the lower courts for evaluation of their Judgement where there is a major error. However where the evaluation is of a Mere mistake, the court in this case had the below to say
Per MUSA DATTIJO MUHAM MAD, J.S.C. (Delivering the Leading Judgment)
ETIM V. AKPAN 8ORS citation:LOR(6/7/2018)SC
It must be stated at this point that it is not every error or mistake by a Court that will lead to a reversal of its judgment on appeal. Only a mistake that occasions miscarriage of justice does.
In the instant case where the mistake of the Court below does not occasion miscarriage of justice, the mistake is accordingly discountenanced.
See John Owhonde V. Alphonso Ekpechi (2003) 9 SCNJ 1, and Ukiri V. Geco Prakla Nigeria Ltd (2010) LPELR-3341(SC).
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