LEGAL PRINCIPLE: APPELLATE PRACTICE – Hearing of Appeal – Hearing of Substantive Appeal on Date Fixed for Motion – Effect
PRINCIPLE STATEMENT
…the hearing of the appeal on 18/1/94 when no process was served on the appellants showing that the appeal had been fixed for hearing on that day is a fundamental error rendering the proceedings a nullity.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Wema Bank Nigeria Ltd. & Ors v. Odulaja & Ors (2000) NLC-721994(SC) at pp. 4–5; Paras D–A.
"…the hearing of the appeal on 18/1/94 when no process was served on the appellants showing that the appeal had been fixed for hearing on that day is a fundamental error rendering the proceedings a nullity."
EXPLANATION / SCOPE
Hearing a substantive appeal on a date fixed only for a motion, without notice to parties that the appeal would be heard, is a fundamental error rendering proceedings a nullity. Parties are entitled to proper notice of hearing dates. Listing only a motion does not put parties on notice that the appeal itself will be heard. Proceeding without such notice violates fair hearing. The defect is not procedural irregularity but fundamental nullity. The court lacks jurisdiction to hear an appeal without proper notice. This ensures parties have opportunity to prepare and attend. Service of process must clearly indicate what matter will be heard.