Code of Organization and Civil Procedure (Cap. 12), article 208

208. (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 sat isfied of the necessity or expediency of taking the ev idence of such witness: P r o v i d e d t h a t i n a n y s u c h c a s e , t h e c o u r t m a y , i n 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 t o file the sworn reply as mentioned in article 158 and to appear at the trial of the cause, he shall be precluded from producing witnes ses before the appellate court, unless he shows to the satisfaction of such court a good reason for his default. Appeal to be declared abandoned in default of appearance of the parties. Substituted by: XXXII.2021 .9.