Principle

CIVIL PROCEDURE – Judgment Writing – Suo Motu Decision by Court – Raising and Deciding Issues Not Joined

Area of law
CIVIL PROCEDURE
Court
Supreme Court

This reinforces Principle 434 emphasizing the "golden rule." Courts must not: raise issues sua sponte (on their own motion), decide such issues without hearing parties, or base judgments substantially on unraised issues. This violates: fair hearing (parties surprised by unraised issues), natural justice (no opportunity…

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