Case Title:
TUNWASE
v.
ADENIYI
(2022) LPELR-58010(CA)
TUNWASE v. ADENIYI
(2022) LPELR-58010(CA)
In The Court Of Appeal
(LAGOS JUDICIAL DIVISION)
On Thursday, May 12, 2022
CA/L/986/2017(R)
Before Our Lordships
Onyekachi Aja Otisi Justice of the Court of Appeal Abdullahi Mahmud Bayero Justice of the Court of Appeal Peter Oyinkenimiemi Affen Justice of the Court of Appeal
Between
SEGUN TUNWASE APPELANT(S) And
OLUFEMI ADENIYI, ESQ. RESPONDENT(S)
RATIO DECIDENDI
APPEAL - ADDUCING FRESH/ADDITIONAL/FURTHER EVIDENCE ON APPEAL - Statutory power of the Court of Appeal to admit additional evidence on appeal; conditions for the admissibility of additional evidence on appeal
"The jurisdiction of the Court of Appeal, which enables the admission of additional or fresh evidence on appeal, is not at large. Order 4 Rule 2 of the Court of Appeal Rules, 2021 (formerly Order 4 Rule 2 of the Court of Appeal Rules, 2016) provides: The Court shall have power to receive further evidence on questions of fact, …