Sivayanama And Another v. People’S Bank And 7 Others – sllr 2009 volume 1 page 180

In the case between Sivayanama and Another (Plaintiff-Appellants) and People’s Bank and Others (Defendants-Respondents), the court examined whether the Court of Appeal’s dismissal of the appeal—after hearing only preliminary objections and without providing an opportunity to be heard on the merits—violated the principles of natural justice. It was determined that the denial of a fair hearing contravened the audi alteram partem rule, a fundamental aspect of due process. The findings established that a judicial order, especially one deciding an appeal, requires an adequate hearing of both parties on all issues, not merely preliminary matters. Established authorities and precedent were invoked to reaffirm that justice demands a hearing on substantive merits before disposition. The appeal was

REF: sllr 2009 volume 1 page 180 Category: Tag:
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