Description
Overriding objective principle – unnecessary technicalities – substantive justice – wrong citation of the law.
- It is the current law of the land that Courts should uphold the overriding objective principle and disregard minor irregularities and unnecessary technicalities so as to abide with the need to achieve substantive justice (p. 3).
- The Court observed that upholding the preliminary objection on the wrong citation of the law would be a punishment to the client for the mistake done by its counsel (p. 4) – therefore the Court overruled the objection (p. 5).
- Wrong citation of the law – the Court observed that the defect did not affect its jurisdiction to grant the orders sought (p. 3) – as a result the Court applied the overriding objective principle by allowing the applicant to insert the proper provision of the law by hand (p. 5).
