REQUIREMENT FOR RAISING FRESH ISSUE ON APPEAL AND THE EXCEPTION THEREOF  

 

 Anonymous
Joined: 50 years ago
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02/07/2019 11:23 am  
“In Muscaconi Ltd v Aspinall (2013) LPELR – 20745 (SC) whether leave of Court must first be sought and obtained before fresh point can be raised on appeal and the exception(s) thereof the court held that:

 

Generally, this Court will not allow or permit a party to raise a fresh issue or question which was not raised in the Court below or grant leave to a party to argue fresh grounds which were not canvassed in the Court below. The exception being a situation where the new or fresh grounds involve substantial points of law, substantive or procedural which need to be allowed in order to prevent an obvious miscarriage of justice and ensure that substantial justice is seen to be manifestly done in the matter. Notwithstanding, the record must show the evidence already adduced by the party who is relying on the new issue being raised. See: Obi Eze Vs. AG Rivers State & 1 Or. (2001) 8 NSCQR 537; (2001) 18 NWLR (Pt.746) 524;Owners M.V Gongola Hope & Anor Smurfit v. SC cases Nigeria Limited & Anor (2007) 15 NWLR (pt 1056) 189; (2007) 12 SCM (Pt 1) 137; (2007) 6 SC (pt 11) 58.

 

However, the Court will normally allow a fresh issue to be raised and argued on appeal where the said issue is relevant and more importantly, where no further evidence will be necessary. All that an appellant is required to do is to seek and obtain leave of the appellate Court to so raise the said fresh or new issue. Once this is done and the Court is satisfied that in the best interest of justice, leave should be granted, it shall be granted, without any further hesitation."

 

-         PER A. O. OBASEKI-ADEJUMO, J.C.A IN COLLINS COMMERMEX NIGERIA LIMITED & ANOR VS SKYE BANK PLC

APPEAL NO: CA/L/754/16

LEGALPEDIA ELECTRONIC CITATION: LER[2019] CA/L/754/16


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