LEGAL PRINCIPLE:  APPELLATE PRACTICE — Fresh Points on Appeal — Conditions for Raising New Points of Law Not Canvassed in Trial Court

"The Supreme Court has granted an application to raise and argue a point raised for the first time in the appellate Court where it was a mere omission to state and argue a legal proposition which did not require any underlying facts or hypothesis than those already admitted or proved in the Court below. Where however there is a variation in the proved and admitted facts, the Court may hold that it was too late to raise the point. Invariably the Court will allow a fresh point to be argued on appeal where the issue is relevant and no further evidence was necessary. Where a fresh point is allowed to be raised in the Court of Appeal, the Court ought not decide the point in favour of the Appellant unless it is satisfied: (i) that it has before it all the facts bearing on the new point as if it has been raised in the trial Court, and (ii) no satisfactory explanation could have been given in the court below if it had been so raised."