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On Whether Fair Hearing is automatic

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"Ready recourse to invocation of principle of fair hearing and its application are not automatic.

Nowadays, the trend is for litigants to latch onto and harp on breach of right of fair hearing on appeal as if it is a cure it all medication or magic wand that conjures all the wishes of a magician.

Fair hearing is not a ready made handy tool to be utilized in an all comers and all purposes scenario.

It is a principle grounded in fairness and impartiality which must be based on the particular given facts and peculiar circumstances of a case.

Indeed, the same dosage does not and cannot cure all ailments. Thus, it is only the facts of each case that will determine or influence the invocation cum application or otherwise of the principle of fair hearing. The principle or its application pales into insignificance when exposed to the bright lights of the facts of the particular case. See Orugbo v. Una (2002) 16 NWLR (Pt.792) 175

 

Per OREDOLA, J.C.A. in Onah Vs. Okom (2012) 8 NWLR (Pt. 1301) 169 CA.


   
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