CONSTITUTIONAL LAW — Fundamental Rights — Right to Fair Hearing — Natural Justice — Application for Attachment of Immovable Property Without Notice Breaches Fair Hearing
Principle Statement
It cannot amount to anything else than a gross abuse and breach of the rules of natural justice for a writ of execution or attachment to issue against the immovable property of a judgment debtor without affording him an opportunity to be heard on such an exceptionally grievous and sensitive issue.
Ratio Decidendi (Source)
Per Iguh, JSC, cited in Saleh v. Monguno (2006) NLC-123-403-2001(SC) at p. 13; Paras A–B.
"In my view, it cannot amount to any other thing else than a gross abuse and breach of the rules of natural justice for a writ of execution or attachment to issue against the immovable property of judgment debtor without affording him an opportunity to be heard on such an exceptionally grievous and sensitive issue."
Explanation / Scope
Attachment of immovable property without notice to the judgment debtor breaches natural justice and fair hearing. The principle applies to constitutional law and execution proceedings.
