LEGAL PRINCIPLE: APPELLATE PRACTICE — Suo Motu Order — Effect of Making Order Not Sought Without Hearing Parties
PRINCIPLE STATEMENT
Making an order not sought by any party without hearing the parties on its desirability may result in injustice; the court must hear parties before making such orders.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Adeleke v. Raji & Anor (2002) NLC-551996(SC) at p. 9; Paras A–B.
"Where a court finds some substance in entering order of non-suit or strike out or retrial, it is important to hear the parties to address the court on the desirability of making such an order. To make any of the orders, when not asked for by any of the parties, and the parties were not asked to address the court on such an order, injustice may result therefrom."
EXPLANATION / SCOPE
When a court is considering making an order not sought by any party (e.g., non-suit, strike out, retrial), it must first hear the parties on the desirability of such an order. The parties may have reasons why the order should not be made. Making the order without hearing them may cause injustice. The principle applies to both trial and appellate courts. The court cannot assume that the parties would agree or have nothing to say. The rule protects the right to fair hearing. The court should invite submissions before making any unsought order. The principle ensures that orders are made only after full consideration of the parties’ views.
