MODE OF RAISING FRESH EVIDENCE OR FACTS BEFORE APPEAL COURT

• Date: 06 February 2019

"The mode of raising fresh evidence or facts before the Appeal Court is, by settled practice, either by affidavit in interlocutory appeals or by the Court taking fresh evidence - an exercise allowed by the Court of Appeal, upon proper application, on weighty grounds. When a litigant has obtained a judgment in a Court of justice, says Lord Loreburn, L.C. in Brown v. Dean (1910) A.C. 373 at 374 "he is by law entitled not to be...