CIVIL PROCEDURE – Fair Hearing – Breach of Audi Alteram Partem Rule – Effect of Denying a Party the Opportunity to Cross-Examine Witnesses Joined After Evidence has been Closed
Ratio Decidendi
Per Tabai, JSC, in Pan African International Incorporation & Ors v. Shoreline Lifeboats Ltd & Anor (2010) NLC-123-283-2003(SC) at p. 7, paras. D–E:
"The liability of the 2nd, 3rd and 4th Defendants/Appellants cannot be determined by the evidence of the 2nd of March 2000. The result is that the use of that evidence against them constituted a clear breach of their Appellant of fair hearing under 36 of the Constitution and the rules of natural justice."
Explanation / Scope
This principle establishes that using evidence against parties who were joined after the close of evidence, without giving them an opportunity to cross-examine the witnesses, constitutes a breach of fair hearing under Section 36 of the Constitution and the rules of natural justice. The principle applies where parties are joined late in proceedings. It ensures that all parties have the opportunity to challenge evidence. The principle reflects the audi alteram partem rule. It prevents the use of untested evidence against parties. The court must ensure that all parties can cross-examine witnesses. The principle provides guidance on fair hearing in such circumstances.