ISSUE:
Whether every error of a lower court is fatal.
PRINCIPLE:
"Let us even assume that the learned trial Judge was in error. Did the error cause substantial injury to the appellants' case to occasion miscarriage of justice? Error of the lower court is ineffectual when miscarriage of justice has not been occasioned by it in the way it has affected the result of adjudication. See Kraus Thompson Organization Ltd. v. University of Calabar (2004) 4 SCNJ 121; (2004) 9 NWLR (Pt. 879) 631. Thus the error of the lower court if it was an error indeed in allowing the amendment to the respondent's pleadings will only lead to allowing the appeal if it is substantial and has occasioned miscarriage of justice. See: John Owhonda v. Ekpechi (2003) 9 SCNJ I, (2003) 11 NWLR (Pt. 849) 326; Engr. Osolu v. Engr. Osolu (2003) 6 SCNJ 162; (2003) 11 NWLR (Pt. 832) 608. The judgment of the lower court giving title consideration to exh. D1 thus did not occasion miscarriage of justice in that regard. See Odutola v. Oderinde (2004) 5 SCNJ 285, (2004) 12 NWLR (Pt. 888) 574; Onakoya v. FR.N. (2002) 6 SCNJ 404, (2002) 11 NWLR (Pt. 779) 595. This aspect of the issue is also resolved against the appellants. Issue two is whether the appellants had established at the lower court credible evidence to show that there was no subsequent ratification of the original sale of the land in dispute and that there was no fresh conferment of valid title on the respondent." Per Ogunwumiju, JCA*
CITATION:
*Awure v. Iledu (2008) 12 NWLR (Pt. 1098) 249 at 277-278 paras F-A (CA)
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