Principle

APPELLATE PRACTICE – Raising Issues Suo Motu – Court Must Invite Parties to Address Before Decision

Area of law
APPELLATE PRACTICE
Court
Supreme Court

An appellate court may raise new issues suo motu, but must give parties an opportunity to be heard. The principle protects the right to fair hearing. The court cannot decide a case on an issue not argued by the parties. The rule applies to all…

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