LAW TIP
Citing the wrong law for a valid legal right on a court process does not automatically invalidate it.
QUOTE FROM JUDGEMENT
“The citation on court processes of the correct law on the strength of which the process has been filed is a practice that is insisted upon by judges because it enables the court to understand precisely the legal basis of the case the party is making and for the opponent to understand fully the case she is required to answer. This is a useful practice that advances the requirements of fair hearing. That notwithstanding, stating the correct statute on court processes is not a strict rule of procedure failure to comply with which can nullify a court process. It is more of a practice for the convenience of proceedings than a rule. Courts have a duty to do substantial justice to the parties in every case so a court is not disabled from hearing a party on the only ground that she cited the wrong statute on her process. The court is required to consider the substance of the case presented through the process and if it alludes to a legal right that can avail the party, the court will deal with the merits of the matter.” See also OKOFOH ESTATES LTD v MODERN SIGNS LTD [1996-97] SCGLR 224 — REP. v HIGH COURT ACCRA (COMMERCIAL DIVISION); EX PARTE ENVIRON SOLUTION LTD & OTHERS Civil Motion No. J5/20/2019 (April 29, 2020)