FINDING AN EQUILIBRIUM BETWEEN TECHNICALITIES /TECHNICAL JUSTICE AND SUBSTANTIAL JUSTICE

Abstract

The Courts and tribunals are temples of justice and established to dispense or do justice according to the law. There are situations where extant laws establishing these courts or rules of Court prescribe a particular mode or manner for institution of an action and a departure from it would inevitably lead to a striking out or dismissal premised on lack of procedural compliance or otherwise on technical grounds. Sadly, such situations have arisen where an inadvertent departure from a prescribed mode for instituting an action have led to the termination or death by way of striking out or outright dismissal of many otherwise actions with a good cause of action and a consequential miscarriage of substantial justice. It is most glaring when the cause of action is within the jurisdiction of the court yet suffers a dismissal anchored on technicalities. This to say the least defeats the essence of fairness, equity, good conscience and natural justice and takes the judicial system back to the rigid and inflexible Common Law judicial system or era where letters of the law are slavishly followed and enforced. This work therefore recommended among others amending or expunging strict liability provisions of laws or rules of court which prescribe the mode or manner of instituting an action. This will ensure that suits inadvertently instituted in breach or violation of any prescribed mode or manner of instituting an action can be regularized and determined on the merit in the interest of justice and by extension equity.