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See Also:
- APPEAL – Fresh issues on appeal - Whether leave of court is required to raise fresh issues on appeal
"A fresh point is a matter that was not canvassed at the trial nor in the Court of Appeal, and it is settled law that it is too late to…
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"Fresh issues on appeal would be heard by the Court if the following conditions are fulfilled: 1. The issue must have been pleaded as it cannot be at large. 2.…
- APPEAL: Record of Appeal - Whether appellate court is bound by record of appeal
“It is elementary to state the settled principle of law that an appellate court is bound by the record of appeal only which same is also binding on all parties…