“With these observations we respectfully agree and would point out that where it is necessary that a point or points arising for determination in a case should be further clarified by evidence after the close of the trial, it is the duty of the Court trying the case to invite the parties to supply such evidence or explain such point or points and it is wrong for the Court in these circumstances to substitute its own views for matters on which there should be, and there was no, evidence before the Court. In the case of the United Africa Co. Ltd. v. The Commissioner of Police (supra) after further evidence was given the further investigation revealed that the judge was clearly mistaken in his surmises for further on in the judgment of the West African Court of Appeal the following passage occurs:- “In regard to the first of these the additional evidence now before us, read in conjunction with the evidence taken in the Court below, negatives rather than affirms the conclusions of the learned Judge.”
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