LEGAL PRINCIPLE: CIVIL PROCEDURE – Discretion to Allow Additional Documents on Appeal – Grant of Leave to Adduce Additional Evidence in Interest of Justice
PRINCIPLE STATEMENT
The court may grant leave to adduce additional evidence on appeal in the interest of justice, especially where the evidence would advance the resolution of a point in the appeal.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Attorney-General of the Federation v. A.I.C. Limited & Ors (1995) NLC-1851994(SC) at p. 16; Paras C–E.
"I thought the Italian Judgment (Exhibit P) If made to form part of the records would further advance that point. In the light of all I have said above and in the interest of justice I granted prayer 7 as prayed."
EXPLANATION / SCOPE
The court has discretion to allow additional evidence on appeal. The interest of justice is the guiding principle. The evidence must be relevant and material. The principle applies to both civil and criminal appeals. The court must be satisfied that the evidence could not have been obtained with reasonable diligence for trial. The rule is based on Order 1 Rule 20(4) of the Supreme Court Rules. The court may grant leave even if the conditions are not strictly met if justice demands. The opposing party may be given an opportunity to respond. The principle promotes justice over technicality.