Constitutional Law (401)
HELD:
"The issue of whether the garnishee order should be made absolute is material and consequent upon which the appellant argues it ought to have been heard by the trial Court Judge before making the garnishee order absolute against the appellant.
HELD:
"In law, an allegation of breach of fair hearing is a matter of fact which must be proved by credible evidence by the person alleging such breach.
HELD:
"I am not unmindful of the fact that the power to grant the said application is at the discretion of the Court which has to determine if the evidence appears to it essential to the just determination of the matter.
HELD:
"...This is in breach of the Appellant's constitutional right as enshrined in SECTION 36 (1) of the Constitution.
HELD:
"The notice of the case a party is going to meet for him to plan adequately how to answer or defend it is the very essence of audi alteram partem principle in fair hearing or natural justice.