CONSTRUZIONI GENERALI FARSURA COGEFAR – S. P. A. VS NIGERIAN PORTS AUTHORITY & ANOR
August 16, 2025GABRIEL FASHOYIN OYEDELE VS SANNI AYINLA & ORS
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 26111
In the Supreme Court of Nigeria
Wed Dec 6, 1972
Suit Number: SC. 238/1972
CORAM
MOHAMMED BELO, JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
FATAYI-WILLIAMS,JUSTICE, SUPREME COURT
PARTIES
ATTORNEY-GENERAL OF THE FEDERATION APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant/Plaintiff claimed a refund of a certain sum of money from the Respondent/Defendant based on a Hire-Purchase Agreement. At the High Court, the Hire-Purchase Agreement was pleaded but not produced at trial.
HELD
The appeal was dismissed with cost.
ISSUES
Whether additional evidence can be adduced on Appeal.
RATIONES DECIDENDI
WHEN A PARTY ON APPEAL CAN ADDUCE NEW EVIDENCE IN SUPPORT OF HIS ORIGINAL CASE
“It is not open as of right to any party to an appeal to adduce new evidence in support of his original case but for the furtherance of Justice, the court may where it thinks fit, any or require any new evidence to be adduced, such evidence to be either by oral examination in court, by affidavit or by disposition taken before an examiner or commissioner as the court may direct. A party may by leave of the court allege any facts essential to the issue that have come to his knowledge after the decision of the court below and adduce evidence in support of such allegations.”- Order 7 Rule 24 of Rules of Supreme Court. Per ELIAS, CJN
CASES CITED
STATUTES REFERRED TO
Order 7 Rule 24 of Rules of Supreme Court
