Principle

APPELLATE PRACTICE – Suo Motu Decision – When Court May Raise Issues Suo Motu – Duty to Invite Counsel

Area of law
APPELLATE PRACTICE
Court
Supreme Court

An appellate court may raise points on its own motion (suo motu), but this discretion must be exercised sparingly and only in exceptional circumstances. When the court takes such points, it must give the parties an opportunity to address the court before deciding them. The…

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