LEGAL PRINCIPLE: CIVIL PROCEDURE — Applications — Failure to Determine — Fair Hearing
PRINCIPLE STATEMENT
It is settled law and mandatory that a court must make a decision and pronounce on every application before it. Failure to do so is a breach of fair hearing.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Afro-Continental (Nigeria) Limited v. Co-operative Association of Professionals Inc. (2003) NLC-771995(SC) at p. 8; Paras B–C.
"It is settled law and mandatory that a court must make a decision and pronounce on every application which is before it and failure to do so is a breach of fair hearing."
EXPLANATION / SCOPE
Courts must decide all applications filed. Failure to do so breaches fair hearing. The principle applies to all courts. The party is entitled to a ruling. The rule ensures that all matters are adjudicated. The appellate court may set aside proceedings for non-determination. The principle is fundamental.