LEGAL PRINCIPLE: CIVIL PROCEDURE – Case Management – Need to Hear Parties Before Ruling on Material Point in Dispute
PRINCIPLE STATEMENT
Although it is not in all cases that where a party is not heard before a ruling is made against them that constitutional fair hearing should apply, but where the point in dispute is so material, the trial judge, rather than relying on what was not recorded, should have allowed parties to move applications, record the arguments presented and then deliver ruling.
RATIO DECIDENDI (SOURCE)
"Although it is not in all cases that where a party is not heard before a ruling is made against him that section 33(1) of the Constitution should apply, but in this particular case, the point in dispute is so material that the learned trial Chief Judge, rather than relying on what he did not record, should have allowed parties to move the other applications in respect of the two other sister cases, record the arguments presented and then deliver his ruling."
EXPLANATION / SCOPE
Material points require hearing parties before ruling. Not all unheard rulings violate fair hearing—routine, procedural, or non-controversial matters may not require full hearing. However, material points require: parties to move applications formally, recording arguments presented, hearing submissions, then delivering considered ruling. “Material” means: affecting substantive rights, involving significant disputes, or determining important issues. On material matters, judges cannot: rely on unrecorded discussions, rule without hearing parties, or base decisions on recollection of unrecorded arguments. Proper procedure: (1) identify material point; (2) allow parties to present arguments on record; (3) record those arguments; (4) deliver ruling based on recorded submissions. This serves: fair hearing (parties heard on material matters), appellate review (record available), and procedural integrity (material points properly addressed). The principle distinguishes: routine matters (limited hearing suffices) from material disputes (full hearing required). When points are material and disputed: constitutional fair hearing principles apply, requiring opportunity to be heard and decisions based on recorded proceedings.