LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Court Not to Raise Issues Suo Motu
PRINCIPLE STATEMENT
A court ought to confine itself to the questions raised by the parties to the exclusion of other questions. It is erroneous for a trial Judge to suo motu raise an issue not raised by the parties in their pleadings and without hearing the parties on it, use it against a party.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Nteogwuile v. Otuo (2001) NLC-1631996(SC) at p. 15; Paras A–C.
"A court ought to confine itself to the questions raised by the parties to the exclusion of other questions. It is erroneous for a trial Judge to suo motu raise an issue not raised by the parties in their pleadings and without hearing the parties on it, use it against a party."
EXPLANATION / SCOPE
A court must confine itself to questions raised by the parties. It is erroneous for a judge to suo motu raise an issue not pleaded and without hearing parties, then use it against a party. The principle preserves fair hearing and party autonomy. The court cannot introduce new issues that were not litigated. The opposing party has no opportunity to respond. The court may only decide issues joined in the pleadings. If the court wishes to raise an issue suo motu, it must give parties opportunity to be heard. The error is fundamental and may nullify the decision. The principle prevents surprise and ensures that parties know the case they must meet.
