LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Fair Hearing – Failure to File Brief Defeats Complaint of Denial of Fair Hearing
PRINCIPLE STATEMENT
A party who has failed or neglected to file his brief has not complied with the conditions necessary for hearing of their appeal in court and cannot complain of lack of fair hearing.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Akujinwa v. Nwaonuma (1998) NLC-271991(SC) at p. 24; Paras B–C.
"A party who had failed or neglected to file his brief has not complied with the conditions necessary to hearing of their appeal in court and cannot complain of lack of fair hearing."
EXPLANATION / SCOPE
Filing a brief is a condition for hearing an appeal. A party who fails to file cannot claim denial of fair hearing. The principle applies to appellate proceedings. The court cannot be expected to hear an appeal without a brief. The rule ensures that parties comply with procedural requirements.
