SOLEYE V. SONIBARE (2002) 10 NWLR (PART 775) 380 – Court of Appeal
The sole issue for determination in this Suit was whether the facts of the case were such as to warrant the Court of Appeal to depart from its rules to enable the Appellant/Applicant argue the appeal on the bundle of documents compiled and filed by him as records of proceedings at the trial court.
The Court granted the application relying on Order 7 Rules 2 and 3 of the Court of Appeal Rules 1981. The Court further held the desirability of granting the said application was in order to give the Appellant/Applicant an opportunity to be heard on his appeal and for the purpose of doing substantial justice. This case thus serves as a precedent for where the court deviates from technical inconsistencies to ensure that substantial justice is done.
BA LAW LLP acted for the Applicant