RULING
KWOFIE JSC.
This is a motion on notice for leave to adduce fresh evidence at the hearing of this appeal, pursuant to rule 76 of the Supreme Court Rules, 1996 (C.I. 16) which provides as follows:
76 New Evidence
“(1) A party to an appeal before the Court is not entitled to adduce new evidence in support of the original action unless the court, in the interest of justice, allows or requires new evidence relative to the issue before the Court to be adduced.
(2) Evidence shall not be allowed unless the court is satisfied that with due diligence or enquiry the evidence could not have been, and was not, available to the party at the hearing of the original action to which it relates
(3) Evidence may be given by oral examination in court, by an affidavit or by deposition taken before an examiner as directed by the court”
From this rule, it is obvious that the major requirement is that the evidence sought to be led should not have been available during the original trial. If it was available…