Principle

APPELLATE PRACTICE β€” Issue Formulation β€” Court Raising Issue Suo Motu β€” Obligation to Hear Parties Before Deciding

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Courts may raise issues suo motu but must hear both parties before resolving them. Failure to invite parties to address the issue breaches fair hearing. The principle applies to all courts and proceedings. The right to fair hearing requires that parties be heard on any…

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