CORAM
M.L. UWAIS JUSTICE, SUPREME COURT
S. KAWU JUSTICE, SUPREME COURT
U. OMO JUSTICE, SUPREME COURT
I.L. KUTIGI JUSTICE, SUPREME COURT
M.E. OGUNDARE, SUPREME COURT JUSTICE,
PARTIES
MICHEAL ADEBAYO AGBAJE
APPELLANTS
ALHAJI LASISI ADIGUN & ANOR
RESPONDENTS
AREA(S) OF LAW
APPEAL – EVIDENCE-WRONGFUL ADMISSION OF DOCUMENT
SUMMARY OF FACTS
The trial court in the course of judgment admitted a document which was rejected during trial but did not rely on the judgment in giving its decision. The appellants appeal contains many grounds of mixed law and facts and grounds which were not raised at the lower court without the leave of court.
HELD
The court held that the trial court wrongly admitted the evidence but that no miscarriage of justice was occasioned thereby as the court did not rely on the document in giving its decision and struck out the other grounds.
ISSUES
Was the court right in not allowing the appeal on the ground that the learned trial Judge during the course of the hearing rejected a document. X5 as evidence, but in the course of writing his judgment admitted it without giving the parties the opportunity to argue its admissibility.
RATIONES DECIDENDI
WHEN NEW GROUNDS CAN BE RAISED ON APPEAL
‘It is clear that this court will not allow a party on appeal to raise a question not raised in the Court of trial or grant leave to a party to argue new grounds not canvassed in the lower courts except where the new points or new grounds involve substantial points of substantive or procedural law which need to be allowed to prevent an obvious miscarriage of justice.’ Per Ogundare J.S.C
WRONGFUL ADMISSION OF EVIDENCE
CASES CITED
K. Akpene and Barclays Bank of Nigeria Limited and Anor (1977) 1 SC. 47;
Debesi Djukpan v. Rhorhadjor Orovuyovbe and Anor. (1967) 1 All NLR 134 at 137.
Re Cowburn Ex Parte Firth (1881-85) All ER at 991
Attorney-General of the Federation v. Alibose & 4 Ors., (1974) NSCC (Vol. 6) 129 at 132
STATUTES REFERRED TO
The Evidence Act
The Constitution of the Federal Republic of Nigeria 1979