LEGAL PRINCIPLE: APPELLATE PRACTICE — Fresh Issues on Appeal — Requirements for Raising Fresh Point in Supreme Court
PRINCIPLE STATEMENT
Where a party seeks to raise a fresh point in the Supreme Court, he must: (a) obtain leave; (b) ensure the points involve substantial issues of law needed to prevent miscarriage of justice; (c) show that no further evidence is required.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Kwajaffa & Ors v. Bank of the North Ltd (2004) NLC-892000(SC) at p. 11; Paras A–C.
"Where a party seeks to raise a fresh point in the Supreme Court, he must: (a) obtain leave of the Supreme Court; (b) ensure that the new points sought to be so raised involve substantial issues of substantive or procedural law which need to be allowed to prevent an obvious miscarriage of justice; (c) show that no further evidence is required to resolve the issue for determination."
EXPLANATION / SCOPE
Three requirements must be met to raise a fresh point. The principle applies to appellate practice. The point must be substantial and prevent miscarriage. The rule ensures efficient use of judicial resources. The applicant must show no further evidence needed. The principle is well-established.