Supreme Court Act

20. Further evidence in appeals

Edition: 2022-12-31 · In force

(1)The Court may admit further evidence in determining an appeal, where the Court considers it necessary and appropriate in the circumstances.

(2)The Court, in admitting additional evidence, shall consider whether the additional evidence —

(a)is directly relevant to the matter before the Court;

(b)is capable of influencing or impacting on the decision of the Court;

(c)could not have been obtained with reasonable diligence for use at the trial;

(d)was not within the knowledge of the party seeking to adduce the additional evidence;

(e)removes any vagueness or doubt over the case;

(f)is credible and bears merit;

(g)would not make it difficult or impossible for the other party to respond effectively; and

(h)discloses a case of wilful deception to the Court.

[Act No. 26 of 2022, s. 22.]