LEGAL PRINCIPLE: CIVIL PROCEDURE — Motions — Duty of Court to Hear Pending Motions
PRINCIPLE STATEMENT
A court has a legal duty to hear any court process, including a motion before it. The process may be downright stupid, unmeritorious, or even an abuse of process. The court must hear the party and rule one way or the other. A judge has no jurisdiction to conclude that a motion cannot be heard because it has no merit.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Mobil Producing Nigeria Unlimited & Ors v. Monokpo & Anor & Ors (2003) NLC-3202001(SC) at pp. 28–29; Paras A–B.
"A court of law or a tribunal has a legal duty in our adjectival law to hear any court process, including a motion before it. The process may be downright stupid, unmeritorious or even an abuse of court process. The court must hear the party or parties and rule one way or the other. A Judge, whether of a court of law or tribunal, has no jurisdiction to come to a conclusion by resorting to his own wisdom outside established due process that a motion cannot be heard because it has no merit."
EXPLANATION / SCOPE
Courts have a duty to hear all motions, regardless of perceived merit. The principle applies to all courts. The judge cannot pre-judge without hearing. The rule ensures due process. The court must rule after hearing. The principle is fundamental.