Description
The court is not an academy of law – nebulous or shadowy interests – duty of court to rectify irregularities – failure to cite correct provision where specific provision does not exist – irregularities of form – right to be heard.
- A court of law is a court of justice and not an academy of law. Courts will protect only enforceable interest and not nebulous or shadowy interests.
- The court cannot sit and observe even where there is injustice. The court is duty bound to rectify irregularities whether or not they have been moved by a party in the proceedings.
- Where the law or rules are silent, section 2 of the Judicature and Application of Laws Act can come into play.
- Failure to cite a correct provision is not fatal if the specific provision does not exist.
- Rules are made to be observed, but irregularities of form may be ignored or cured by amendment when they have occasioned no prejudice or injustice to the other party.
- Right to be heard before an adverse action or decision is made – the right to be heard is so basic that a decision which is arrived in violation of it even if the same decision would have been reached had the party been heard.
