LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Special Circumstances – When Application May Be Brought First in Appellate Court
PRINCIPLE STATEMENT
Where the trial judge's failure to fix motions for hearing makes it impossible or impracticable for applicants to seek reliefs in the trial court, special circumstances exist permitting the application to be brought first in the appellate court.
RATIO DECIDENDI (SOURCE)
"In the instant case, the learned trial Judge, by his failure to fix the motions for hearing had made it impossible or impracticable for the applicants to seek the reliefs in this court… In the circumstances, I hold that there exists special circumstance, which made it impossible or impracticable to file the application in the court below."
EXPLANATION / SCOPE
Generally, applications must first be made to the trial court before appellate courts consider them. However, “special circumstances” excuse this requirement when seeking relief from the trial court is impossible or impracticable. Examples include: trial judge’s refusal or failure to hear pending motions, unavailability of the judge, or other impediments beyond applicants’ control preventing trial court relief. The impossibility or impracticability must be real, not merely inconvenient. Applicants must demonstrate they attempted to obtain relief below or that such attempts would be futile. This exception prevents denial of justice when procedural obstacles block normal channels, while maintaining the general rule favoring initial applications to trial courts.