CORAM
ABIMBOLA OSARUGUE OBASEKI – ADEJUMO FHC
PARTIES
LEADERS OF COMPANY LTD. (PUBLISHERS OF “THIS DAY”)JIBRIL DAUDA APPELLANTS
MAJOR GENERAL MUSA BAMAIYI RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Not Available.
SUMMARY OF FACTS
The Respondent who was the plaintiff at the trial Court obtained judgment on 7th October, 1998 against the 1st and 2nd Appellants who were the defendants in the suit.
HELD
APPEAL ALLOWED
ISSUES
1. Whether or not the Court of Appeal Learned Justices can suo motu raise an objection to a Notice of Appeal and the grounds contained therein at the time of writing judgment, deal with the issue alone and proceed to strike out the Notice and grounds of appeal together with the issues, formulated thereon, without hearing the parties or calling upon the parties to address, the court on the issue. 2. Whether the Lower Court was not duty bound to regard its records of Court, at the time of writing and delivery its judgment.
RATIONES DECIDENDI
BREACH OF FUNDAMENTAL RIGHTS OF LITIGANT BY COURTS
“On no account should a Court of law raise a point suo motu, no matter how clear it may appear to be, and proceed to resolve the case between the parties thereon without inviting them or Counsel on their behalf to address the Court on the point. If it does so, it will be in breach of a party’s fundamental right to fair hearing. In the instant case, the Court of Appeal was wrong in raising the issue of jurisdiction suo motu and proceeding to decide the appeal thereon without inviting Counsel to address it thereupon.”
CIRCUMSTANCES WHERE A COURT CANNOT RAISE ISSUES SUO MOTU
“It is trite law that a court has no jurisdiction to raise an issue suo motu and unilaterally resolve it in its judgment without hearing both sides, however clear the issue may appear to be. Where a court raised an issue suo motu, it is fair that the court should hear counsel to the parties on the matter particularly from the party that may be adversely affected as a result of the issue raised”
CASES CITED
Not Available.
STATUTES REFERRED TO
Not Available.|