HEARING

• Date: 06 February 2019

(1) "What is a hearing, in the context I am discussing? For unless one comprehends fully what a "hearing" or a suit is, speaking forensically, one may or may not say that Edokpayi, J. heard the case when he gave judgment, now, appealed against. To "hear" a cause or matter means to hear and determine it. See Stroud’s Judicial Dictionary 4th edition volume 2. In Re Green 51 L.J.Q.B. 25 at page 40 Lord Blackburn stated the meaning of to "hear" a cause of matter in these terms: - ".............. I entertain no doubt whatever that those things and every other preliminary and antecedent to the hearing are covered by and are included in the authority to "hear" which I consider means to hear and finally determine... the whole matter. Those antecedent things are in my judgment within that authority and the "hearing" within the meaning of those words does not appear to me to terminate till the whole matter is disposed of. Therefore, it includes not only the necessary or proper consequences." It, now, seems clear to me from the foregoing that from its commencement up to and including the delivery of a final judgment a case is in the process of being heard. Delivery of a final judgment is an integral part of hearing a case. Needless to emphasise that the reception and the evaluation of all evidence form a part of a "hearing" of a case. Edokpayi, J., not having seen the witnesses testify or, heard them, as they testified or, watched their demeanours as they testified, most certainly, in my respectful opinion, cannot evaluate the evidence based...