LEGAL PRINCIPLE: APPELLATE PRACTICE – Further Evidence on Appeal – Conditions for Admission Where No Defence Was Filed
PRINCIPLE STATEMENT
Additional evidence on appeal must relate to an event that happened after the judgment, and there must be special circumstances. Where the respondent did not file a statement of defence, there were no pleadings to support the admission of additional evidence, and no special circumstances existed.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Okpanum v. S.G.E. Nigeria Ltd. (1998) NLC-2681991(SC) at p. 15; Paras C–D.
"In the first place the additional evidence has to be in respect of an event that happened after the judgment of the High Court and secondly, it is only under special circumstances or grounds that such additional evidence should be admitted... There were no pleadings by the respondent to support the admission of the additional evidence since the respondent did not file statement of defence at the hearing of the case... There were, therefore, no special circumstances or grounds for the court of Appeal to admit Exhibits CA 1, CA2, CA3 and CA4 as additional evidence."
EXPLANATION / SCOPE
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. The principle promotes orderly appellate procedure.