Principle

APPELLATE PRACTICE – Further Evidence on Appeal – Conditions for Admission Where No Defence Was Filed

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Additional evidence on appeal requires post-judgment events and special circumstances. No defence filed means no issues joined. The principle applies to all appeals. The court will not admit evidence on unpleaded issues. The rule protects the finality of judgments. The appellant must show special circumstances.…

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