LEGAL PRINCIPLE: APPELLATE PRACTICE — Suo Motu Decision — Raising Issue Not Pleaded Without Hearing Parties
PRINCIPLE STATEMENT
Where an issue was not pleaded nor raised at any stage of the trial proceedings, it is a non-issue. The Court of Appeal was wrong to have raised it in its judgment without affording the parties the opportunity to address the court on it.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Owhonda v. Ekpechi (2003) NLC-1981999(SC) at p. 23; Paras A–C.
"Where the issue of defect in a document was not pleaded nor raised at any stage of the proceedings at the trial, it is a non-issue. The Court of Appeal was wrong to have raised it in its judgment without affording the parties the opportunity to address the court on it."
EXPLANATION / SCOPE
Courts cannot raise unpleaded issues without hearing parties. The principle applies to all courts. Raising a non-issue violates fair hearing. The rule ensures that parties have notice. The court must invite submissions. The principle is fundamental.