APPELLATE PRACTICE — Fresh Evidence — Discretion to Grant Leave to Call Additional Evidence Is Exercised Sparingly and Judiciously
Ratio Decidendi
Per Oguntade, JSC, in United Bank for Africa Plc v. BTL Industries Limited (2005) NLC-123-301-2003(SC) at p. 8; Para E:
"The discretion to grant a party the liberty to call new evidence on appeal is one sparingly exercised. This is because its indiscriminate use portends great danger for the administration of justice."
Explanation / Scope
Fresh evidence on appeal is allowed sparingly due to the danger of indiscriminate use. The principle applies to appellate practice. The applicant must show special grounds.