BASIL AKALEZI VS THE STATE
July 10, 2025CHIEF EMMANUEL OGUNBADEJO VS OTUNBA A.L.A OWOYEMI
July 10, 2025Legalpedia Citation: (1993-02) Legalpedia 39224 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Feb 5, 1993
Suit Number: SC 245/1989
CORAM
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
A.B. WALI JUSTICE, SUPREME COURT
U. OMO JUSTICE, SUPREME COURT
I.L. KUTIGI JUSTICE, SUPREME COURT
M.E. OGUNDARE, SUPREME COURT JUSTICE,
PARTIES
AWOKE OWATA & ORS
APPELLANTS
UCHANCHI ANYIGOR & ORS
RESPONDENTS
AREA(S) OF LAW
APPEAL – CAUSE OF ACTION- FRESH EVIDENCE ON APPEAL- RULES APPLICABLE TO A CAUSE OF ACTION
SUMMARY OF FACTS
Both parties relied on a judgment which could not be found despite efforts at finding during trial, in the course an appeal to the court of appeal, the judgment was found.
HELD
The court held that this is a circumstance in which the court of appeal can grant leave to adduce fresh evidence.
ISSUES
1. Were the learned Justices of the Court of Appeal right in receiving the certified true copies of the Agubia Group Court judgment in suit No. 50/51 as well as the appeal proceedings therefrom as further evidence on appeal?
2. Has the Court of Appeal jurisdiction to grant an amendment to the pleadings filed at the court of trial?
3. What is the applicable law to be applied by the Court of Appeal in considering whether or not to grant the defendants/appellants/ respondents leave to adduce further evidence?
RATIONES DECIDENDI
RULE GOVERNING PRACTICE AND PROCEDURE
‘the rule governing practice and procedure is the rule in force at the time of the trial or the application is made, unless there is any provision to the contrary.’ Per Karibi- Whyte J.S.C
RECEIVING EVIDENCE ON APPEAL
‘I think it is in the interest of justice, the efficient and effective administration of justice, and to minimise the prolongation of litigation to ensure that evidence which ought to be admitted at the trial, but was not because diligent search did not lead to its discovery is received in evidence on appeal when subsequently discovered, and is sought to be admitted.’ Per Karibi- Whyte J.S.C
CASES CITED
Attorney-General v. Sillem (1864)10 HLC 704.
Costa Rica v Erlanger (1874)3 Ch. D.69
Adeleke v. Aserifa (1990) 3 NWLR(Pt.136) 94.
STATUTES REFERRED TO
The Court of Appeal Rules 1981
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