Get the great offer on all I therefore agree that for failure to invite the parties to address the court on the propriety of a non-suit before ordering it, the appeal was rightly allowed.” Now, the law is settled that a court is not entitled to raise an issue suo motu and decide on it without affording the parties an opportunity to be heard. And I accordingly so order. what the rule or doctrine means is that the parties must be given equal opportunity to present their cases to the court and no party shouldbe given more opportunity or advantage in the presentation of his case.’, It is not in dispute that the issue of the appropriateness of an order of non-suit in the circumstances of this case never arose at the hearing of the appeal. OLUKAYODE ARIWOOLA JUSTICE, SUPREME COURT CHIEF ISAAC EGBUCHU APPELLANT SEE: KUTI Vs Balogun (1978) 1 SC 53 @ 60; Obawole Vs Williams (1996) 10 NWLR (Pt.477) 146; Stirling Civil Eng. 2. CONTINENTAL MERCHANT BANK PLC Join us, as we take a look at ten most stylish wedding suit pictures from Nigerian white weddings. In this post, y ou’ll get to know the 3 types of suit cuts and how to know the best one to buy, with tips to help you get the perfect-fit suit for your body type.. Ltd. Vs Yahaya (2005) 11NWLR (Pt. This is because in doing so the court is seen to leave its exalted position as impartial arbiter and descend into the arena of conflict. He relied on the case of Yesufu Vs. A.C.B. The judgment of the court of appeal is hereby set aside. JUDGMENT AND ORDER – Denial of fair hearing – When so found – Order to be made by court. He cited the case of Yesufu vs. A.C.B. B. ‘We’re Still Deliberating’ — Kaduna Varsity Denies Raising Tuition Fee To... Three Students Of Federal University Of Agriculture, Makurdi, Kidnapped In Benue. It is also the seventh most populous country in the world. SC. Accordingly, I resolve this issue in the Appellant’s favour. The proviso is as follow: “Provided that the trial Judge gives the counsel to the parties the right to make submission about the propriety of the non-suit.” As it is so, ordering a non-suit is in effect making an order which none of the parties has asked for. In the light of all that I have said above, there is no doubt that the failure of the court below to invite the parties to address it on the issue of the non-suit was a breach of the appellant’s right to fair hearing as guaranteed by the section 36 (1) of the 1999 constitution (as amended).the judgment of the court below is therefore a nullity and cannot beallowed to stand. In reaction to the above submission, the learned counsel for the respondents relied on the case of Chief Maxwell Dokpiri Odi vs. Chief Harrison Iyala (2004) 8 NWLR (Pt. It is true that the parties no longer by themselves elect or ask that they be non-suited. (1976) 1 NMLR 83. Nigeria, 1996. Within a decade, Nigeria’s fashion industry has grown in size and sophistication, attracting global attention. The word discontinuance means the termination of a law suit by the plaintiff; a voluntary dismissal or non-suit. It is true that the parties no longer by themselves elect or ask that they be non-suited. CONTINENTAL MERCHANT BANK PLC They normally come to court to urge the court to enter judgment in their favour. Thus, where the trial court lacks jurisdiction to entertain a cause or matter or to make a particular order, the Court of Appeal would equally lack jurisdiction to do so. NWALI S. NGWUTAJUSTICE, SUPREME COURT Shop online for suits of different colours and styles. W.S.N ONNOGHEN JUSTICE, SUPREME COURT In a country like Nigeria where right to fair hearing is a constitutional right under section 33 of the constitution, it would be unconstitutional as being contrary to the principles of fair hearing to make any substantive order which none of the parties in the litigation has asked for, no matter how benevolent it might seem. BODE RHODES-VIVOUR JUSTICE, SUPREME COURT SEE: Olagbemiro Vs Ajagungbade III (1990) 3 NWLR (Pt.130) 37 @ 42; Akinsuroju Vs Joshua (1994) 4 NWLR (Pt.187) 542@ 590-551 H-A. The label aimed for inclusion by catering to Nigeria’s full-figured women with kaftans, culottes and the likes and presented collections in the world’s major fashion capitals. V Lawani following are the first fashion designer duo in Nigeria costs in region... Be able to file his case ( Joined as Liquidator of Continental Merchant Bank Plc )... Procedure ) Rules, 2010 true that the parties shall bear their respective costs the. 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