Civil Procedure and Practice (794)
HELD:
"Unarguably, the issue of amendment has become ubiquitous in adjudications in the Courts.
HELD:
"My learned brother has carefully established that the Appellant was not served with the Hearing Notice on the basis of which the trial Court's proceedings was predicated.
HELD:
"Once a hearing date has been fixed, the Court has a duty to notify the parties or counsel of the date, more so when the party was not present in the last proceedings or is unaware of the fixed date of hearing.
HELD:
"Service of a hearing notice on a party to notify him of the hearing date of a matter is fundamental to the competence of the Court to hear the matter.
HELD:
"It is hardly necessary to state that service of hearing notice before hearing any matter is fundamental to the Court's jurisdiction to hear a matter pending before it.
HELD:
"It cannot escape notice that there is no indication that Hearing Notice was served on the Appellant or its counsel against 12/2/09.
HELD:
HELD:
"What is an academic question? In simple terms, an academic issue or question does not relate to the live issues in the litigation because it is spent as it will not enure any right or benefit on a successful party.
HELD:
"What is more, Courts of law are not the proper fora for the ventilation of academic issues.