COURT – OBJECT OF A...
 

COURT – OBJECT OF A COURT  

 

Admin2
Joined: 7 months ago
Posts: 79
14/10/2019 10:59 am  
In the oft-cited English case of Cropper vs. Smith (1883) 26 CH. D 700 at 711 , Bowen, L. J. stated: 

 

It is a well-established principle that the object of a Court is to decide the rights of the parties, and not to punish them for mistakes they make in the conduct of their cases by deciding otherwise than in accordance with their rights, I know of no kind of error or mistake which, if not fraudulent or intended to overreach the Court ought not to correct, if it can be done without injustice to the other party. Courts do not exist for the sake of discipline, but for the sake of deciding matters in controversy and I do not regard such amendment as a matter of favour or grace...it seems to me that as soon as it appears that the way in which a party has framed his case will not lead to a decision of the real matter in controversy, it is as much a matter of right on his part to have it corrected if it can be done without injustice, as anything else in the case is a matter of rights.

 

See also Yusuf vs. Obasanjo (2003) 14 NWLR (PT 841) 446 and Akinsanya vs. Ajeri (1997) 12 NWLR (PT 531) 99 at 108.

 

 

 

-          PER U.A.OGAKWU, J.C.A IN LANRE OKUNLOLA & ANOR V OLATUNJI ABIOLA SHOYINKA & ANOR

CA/L/EPT/REP/856/2019


LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/L/EPT/REP/856/2019


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