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SUBMISSIONS OF COUNSEL WITHOUT ORAL EVIDENCE MAY AMOUNT TO HEARING

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Dictum

The word “Hearing” was judicially considered by the Supreme Court in OKOYE & ORS VS NIGERIAN CONSTRUCTION & FURNITURES CO. LTD. & ORS (1991) 6 NWLR (PT.199) 501 AT 522 where this Court held “Hearing” a case is not only by oral evidence. Submissions from counsel without oral evidence from parties and the Court consequently giving judgment on the basis of the submissions may amount to hearing and determination of a case or matter.

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ESSENCE OF HEARING NOTICE

What then is the essence of hearing notice? The issue of service of hearing notice on a party notifying him of the hearing date of matters is very fundamental to the administration of justice. It is the service of hearing notice that confers on the Court the jurisdictional competence to entertain the matter before it....

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DEFINITION OF A HEARING NOTICE

In Akin Folorunso v. Shaloub (1994) 3 NWLR Part 333 page 413 at 430, “a hearing notice” was defined thus: “As a process of the court by which a party to the proceedings is notified of the date the case has been fixed in court where he is not otherwise aware of such a date.”

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ISSUE OF HEARING NOTICE BEARS ON THE JURISDICTION OF THE COURT

Although the receiving of hearing notice is a new issue in this Court, it can be raised without leave of the Court, since it has bearing on the jurisdiction of the trial Court, the Court of Appeal and this Court. — P.A. Galumje, JSC. Compact Manifold v Pazan Ltd. (2019) – SC.361/2017 Was this dictum...

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A DATE OF HEARING IS NOT PRIVILEGED COMMUNICATION

The above provision of the law is very clear and plain. In no circumstance can it be interpreted that the date of hearing endorsed in Exhibit “A2” which is a date fixed by the court for the hearing of the substantive case is a privileged communication between counsel and client. This provision of the law...

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