PHILEMON VANAI SAITERU MOLLEL v. WILLIAM TITUS MOLLEL ,CIVIL APPLICATION NO. 372/02 OF 2022

Abstract

Held: (i) A party seeking admission of additional evidence on appeal must satisfy the required conditions cumulatively; failure to utilize the evidence at trial without justification does not warrant its admission. (ii) Conditions for granting an application for admission of additional evidence in appeal are cumulative, failure to satisfy one condition renders the entire application unsuccessful