Cap. 12 Art. 208Production of witnesses before appellate court.

(1) No witness who was not produced in the court below may be produced on appeal, unless -

(a) the opposite party gives his consent thereto; or

(b) it is proved on oath or otherwise, that the party tendering the evidence of such witness had no knowledge thereof, or was unable, by the means provided by law, to produce such witness in the court below; or

(c) the evidence of such witness was tendered and disallowed before the court below and the appellate court considers it admissible and relevant; or

(d) the appellate court is satisfied of the necessity or expediency of taking the evidence of such witness: Provided that in any such case, the court may, in adjudging the costs of the case, take into account the tardy production of such witness.

(2) If in the court of first instance the defendant had failed to file the sworn reply as mentioned in article 158 and to appear at the trial of the cause, he shall be precluded from producing witnesses before the appellate court, unless he shows to the satisfaction of such court a good reason for his default.