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July 1, 2019 8:52 pm
UBN plc v Egbokhare & another( 2012) LPELR-41621 (CA)
RAISING ISSUE(S) SUO MOTU: Effect of raising an issue suo motu without hearing from the parties
"Judicial authorities are well settled that once a Court raises an issue suo motu as in the instant appeal wherein the Court raised the issue of issuance of notice suo motu in his ruling on the admissibility of a document without affording the parties opportunity of being heard, the proceeding conducted thereon would be a nullity. In other words, the Court would be in error if it proceed to resolve such issue without affording the parties an opportunity of addressing it on the said issue.
Source: law pavilion