LEGAL PRINCIPLE: APPELLATE PRACTICE — Order Striking Out — Propriety of Striking Out Claim Without Hearing Parties Where Order Not Sought
PRINCIPLE STATEMENT
An appellate court ought not to make orders affecting the respondents' interest without hearing from the parties, especially when such orders were not sought.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Adeleke v. Raji & Anor (2002) NLC-551996(SC) at p. 8; Paras B–C.
"Having allowed the appeal, the court ought not to have made orders affecting the respondents' interest without hearing from the parties."
EXPLANATION / SCOPE
An appellate court cannot make orders that adversely affect a party without giving that party an opportunity to be heard. This applies particularly when the order was not sought by any party. The court may be inclined to make certain orders, but must first hear the parties on the desirability of such orders. The principle protects the right to fair hearing. The parties may have submissions that could affect the court’s decision. The court cannot assume that the parties agree or have nothing to say. The rule applies to orders striking out, non-suit, retrial, or any other consequential order. The court must invite submissions before making unsought orders.