LEGAL PRINCIPLE: CIVIL PROCEDURE — Retrial — Relevance of Time Considerations — Length of Time for Retrial Not Relevant in Civil Cases
PRINCIPLE STATEMENT
The length of time it will take for a retrial to be concluded is not a relevant consideration when ordering a hearing de novo in a civil case after a decision has been set aside for lack of fairness.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Idakwo v. Ejiga & Anor (2002) NLC-1101998(SC) at p. 7; Paras B–C.
"The length of time it will take for a retrial to be concluded is not a relevant consideration in the decision whether or not to order a hearing de novo in a civil case, when a decision had been set aside for lack of fairness of the proceedings."
EXPLANATION / SCOPE
Delay is not a factor when ordering a retrial due to lack of fair hearing. The right to a fair hearing outweighs convenience or expediency. The court cannot refuse a retrial because it would take time. The principle ensures that fairness is not sacrificed for speed. The court’s primary duty is to ensure justice. The parties are entitled to a proper hearing regardless of delay. The rule applies to civil cases where proceedings were void for unfairness. The court may order a retrial even if significant time has passed. The principle prevents procedural convenience from defeating substantive justice.
