LEGAL PRINCIPLE: APPELLATE PRACTICE – Further Evidence on Appeal – Evidence Must Relate to Issues Joined on the Pleadings
PRINCIPLE STATEMENT
Evidence not pleaded and on which no issue was joined cannot be admitted as further evidence on appeal. The court below errs in admitting such evidence and using it to deprive a party of judgment.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Okpanum v. S.G.E. Nigeria Ltd. (1998) NLC-2681991(SC) at p. 20; Para B.
"Exhibits ‘C’, ‘F’, ‘CA1’, ‘CA2’, ‘CA2’ and ‘CA3’ were not pleaded by the defendant and no issue was joined on them by the parties. The court below was in error to have admitted them as further evidence and used them not only to deprive the appellant of his judgment in the trial court but also to dismiss his claim against the respondent."
EXPLANATION / SCOPE
Further evidence must relate to pleaded issues. Unpleaded evidence cannot be admitted on appeal. The principle applies to all appeals. The court will not consider evidence on matters not in issue. The rule ensures fair notice. The party seeking to adduce evidence must have pleaded the facts. The principle promotes orderly litigation.