- Civil Procedure|Appeals and reviews
- Case summary
- The court considered whether to grant leave to adduce additional evidence. The court held that to justify reception of fresh evidence three conditions had to be fulfilled; that the evidence could not have been obtained with reasonable diligence for use at trial; the evidence had to be such that, if given, it would have an important influence on the result of the case and; it had to be credible. The court was satisfied that the witness in issue couldn’t be found during the hearing of the case at trial yet his evidence was important in determining the case.
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