Breach of fair hearing

Failure of court to consider issues raised before it amounts to breach of fair hearing.

Anambra State Government v. Anambra State House of Assembly [2013] 3 NWLR (Pt. 1341) 236 at 256, paras. A-B, per Jauro, JCA:

“Ordinarily where an issue has been raised by a party and the said issue distilled from the issues joined from the pleadings, the failure of the court to consider such an issue amounts to a breach of fair hearing hence occasioning a miscarriage of justice”.

Blogger’s Note:

See the case of 7UP Bottling Co. Ltd. v. Abiola & Sons Bottling Co. Ltd. [2001] 13 NWLR (Pt. 730) 469 at 514 where the following statement of the law was made:
“It is well settled that an appeal court may consider all issues presented before it by the parties. There are however exceptions according to the facts and circumstances of each case. One of such circumstances as laid down by this court is where the court concerned is of the view that a consideration of one issue is enough to dispose of the appeal, it is not under any obligation to consider all the issues.” See also Mpama v. FBN Plc [2013] 5 NWLR (Pt. 1346) 176 at 193 paras. G-H.


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