SLIP RULE OR SLIP IN JUDGMENT OF COURT

• Date: 06 February 2019

(1) "In the case of Nwana v. FCDA (2007) 11 N.W.L.R. (Pt. 1044) 59 at 78 for instance, the apex Court per Chukwuma-Eneh, J.S.C., held and said: "It is also preposterous for the respondents to categorise the instant mistake as a slip. It cannot simply be a slip as such. A slip under the banner of ‘Slip Rule,’ connotes accidental slip or omission as clerical mistakes in a judgment or order and capable of being amended even at times without notice to the other party. See Asinyanbi & Ors. v. Adeniyi (1966) N.M.L.R. 106, (1967) 1 All N.L.R. 82; Thynne v. Thynne (1955) 272. The instant mistake in this case transcends the entire proceedings as it goes to the root of the decision. It is neither accidental slip nor omission and even so, it is not amenable to amendment as contemplated under the slip rule as submitted by the respondent. It is an irregularity of a fundamental nature." The concept of a ‘slip rule’ presupposes that, it is occasioned by accident or mistake and therefore not deliberate. Another significant feature is that it is amenable to amendment which must not be of a fundamental nature. In other words, it must not transcend the entire proceedings as to have a devastating effect going into the root of the decision." - Per Ogunbiyi, J.C.A., in Aregbesola v. Oyinlola Suit No. CA/I/EPT/GOV/02/2010; (2011) 9 N.W.L.R. (Pt. 1253) 458 at 563 - 564.

(2) "The Court, once judgment is entered, cannot alter its decision. What can be altered is not as to the substance but as to minor errors whether of spelling or that of typographical, or in the form of mathematical error wherein correct figures can be entered. In matters of claim for debt, it is presumed that interest will be paid and once application is made for this, even after the judgment has been delivered to award interest is omitted in the judgment." - Per Belgore, J.S.C., in Berliet (Nig.) Ltd. v. Kachalla Suit No. S.C. 185/1989; (1995) 9 N.W.L.R. (Pt. 420) 478 at 495 - 496.

(3) "We cannot doubt that under the original powers of the Court, quite independ-ent of any order that is made under the governing statute, every Court has power to correct accidental slips and omissions properly brought to its notice. Lord Hobhouse delivering the opinion of the Board of Privy Council in the case of Milson v. Carter (1893) A.C. 638 observed at p. 639-640: - "This is an application on the part of the respondent in the appeal now dismissed Milson v. Carter asking for an order directing the appellant to...