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See Also:
- APPEAL: Fresh Issues - Whether Fresh Issues Can Be Raised on Appeal
"It must be noted that the judgment of the trial Court was given in default of defense. The defendant at the lower Court (now appellant) did not file any defense…
- APPEAL: Fresh Issues - Principles Governing Application for Leave to Raise Fresh Issues on Appeal
“The circumstances in which a party would be permitted to raise a fresh issue not taken at the lower court are as stated by the court in the case of AIC…
- APPEAL: Leave to argue fresh issues on appeal - Conditions for the grant of application for leave to argue fresh issues on appeal
"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 – 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…
- APPEAL: Fresh Issues on Appeal - Conditions for the grant of leave to argue fresh issues on appeal - The prominent considerations that work against adducing fresh evidence on appeal
"From a long line of cases, when this Court, being the court of last resort had been liberal and magnanimous in entertaining new issues not taken at the court below,…