LEGAL PRINCIPLE: APPELLATE PRACTICE – Court of Appeal – Powers Under Section 16 of Court of Appeal Act – Raising Issues Suo Motu
PRINCIPLE STATEMENT
It is beyond the power and/or jurisdiction of the Court of Appeal under Section 16 of the Act to so raise and consider issues as well as determine them suo motu. ... the court below cannot raise and determine this issue suo motu and decide it without hearing the parties on it.
RATIO DECIDENDI (SOURCE)
"It is beyond the power and/or jurisdiction of the Court of Appeal under Section 16 of the Act to so raise and consider issues as well as determine them suo motu. ... the court below cannot raise and determine this issue suo motu and decide it without hearing the parties on it."
EXPLANATION / SCOPE
Section 16 of the Court of Appeal Act does not empower the Court of Appeal to raise, consider, and determine issues suo motu without hearing parties. The court cannot introduce new issues on its own motion and decide them without giving parties an opportunity to address them. Fair hearing requires that parties be heard on any issue the court intends to decide. The court’s power under Section 16 relates to rehearing and case management—not to raising unpleaded issues. The principle reinforces the fundamental requirement of audi alteram partem. Any decision on a suo motu issue without hearing parties is a nullity. The court must invite counsel to address the issue before deciding. The exception for jurisdictional issues still requires hearing parties.
