CIVIL PROCEDURE – Fair Hearing – Breach of Natural Justice – Consequence of Violation
Ratio Decidendi
Per Tabai, JSC, in Pan African International Incorporation & Ors v. Shoreline Lifeboats Ltd & Anor (2010) NLC-123-283-2003(SC) at p. 8, paras. A–B:
"It is settled principle of law that where, in any proceedings, the rules of natural justice or the principles of fair hearing are breached, such a breach renders the entire proceedings null and void and the appropriate consequential order is one of retrial before another judge of the court."
Explanation / Scope
This principle establishes that a breach of natural justice or fair hearing renders the entire proceedings null and void, and the appropriate remedy is a retrial before another judge. The principle applies where fair hearing is breached. It ensures that proceedings are conducted fairly. The principle reflects the fundamental nature of fair hearing. It prevents decisions made in breach of natural justice from standing. The court must order a retrial. The principle provides guidance on the consequence of a fair hearing breach.