CIVIL PROCEDURE — Fair Hearing — Refusal to Grant Adjournment and Discontinuance — No Denial Where Case Decided on Merits
Ratio Decidendi
Per Rhodes-Vivour, JSC, in APGA & Anor v. Umeh & Ors (2011) NLC-123-21-2010(SC) at p. 26; Paras A—B:
"I am satisfied that the learned trial judge exercised his discretion properly by refusing to grant an adjournment and refusing to grant permission to discontinue the case. The appellant was thus not denied fair hearing since his case was decided on the merits and he was given every opportunity to present his case."
Explanation / Scope
This principle establishes that refusal to grant adjournment or permission to discontinue does not deny fair hearing where the case is decided on the merits and the party was given every opportunity to present their case. The principle applies where fair hearing is alleged. It ensures that fair hearing is assessed based on opportunity. The principle reflects the substance of fair hearing. It prevents claims of denial where opportunity was given. The court must assess the opportunity. The principle provides guidance on fair hearing and adjournment.