LEGAL PRINCIPLE: APPELLATE PRACTICE – Fair Hearing – Non-Consideration of All Issues Not Amounting to Denial of Fair Hearing Where No Miscarriage of Justice
PRINCIPLE STATEMENT
The non-consideration of all the issues before the court below, save issue I, did not and could not amount to a denial of fair hearing to the appellants. I am of the further view that as the 'live' issue has been determined in the instant appeal, the non consideration of other issues does not amount to a denial of fair hearing.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in *7-UP Bottling Company Ltd. & Ors v. Abiola and Sons Bottling Company Ltd.* (2001) NLC-631996(SC) at p. 12; Paras B–C.
"The non-consideration of all the issues before the court below, save issue I, did not and could not amount to a denial of fair hearing to the appellants. I am of the further view that as the 'live' issue has been determined in the instant appeal, the non consideration of other issues does not amount to a denial of fair hearing."
EXPLANATION / SCOPE
Failure to consider all issues does not automatically deny fair hearing if no miscarriage of justice results. Where the dispositive “live” issue has been determined and resolves the appeal, non-consideration of other issues is not a denial of fair hearing. Fair hearing requires consideration of material, essential issues—not exhaustive reference to every contention. If omitted issues would not have changed the outcome, there is no prejudice. The court must assess whether the non-considered issues were truly material. This pragmatic approach prevents appeals based on technical omissions without substantial injustice. The appellant must demonstrate that consideration of omitted issues could have altered the result