LEGAL PRINCIPLE: APPELLATE PRACTICE — Powers of Court of Appeal — Reliance on Evidence Other than that Used by Trial Court
PRINCIPLE STATEMENT
Section 16 of the Court of Appeal Act gives the Court of Appeal amplitude of power to deal with any case before it on appeal, including the jurisdiction of a court of first instance. The court is entitled to do that.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Cappa and D'Alberto Ltd v. Akintilo (2003) NLC-301999(SC) at p. 13; Paras C–D.
"There is no doubt that Section 16 has given the Court of Appeal amplitude of power to deal with any case before it on appeal. The power includes the jurisdiction of a court of first instance and in the present case the jurisdiction of the High Court. The court is entitled to do that."
EXPLANATION / SCOPE
Section 16 empowers the Court of Appeal to exercise first instance jurisdiction. The principle applies to appellate practice. The court may rely on evidence not used by the trial court. The rule ensures that justice is done. The appellate court may reassess evidence. The principle is well-established.