Legislator Case Law & Legislation
KKO 1917/1995 AI generated

Supreme Court dismissed appeal where new facts emerged only in respondent's answer to lower court ruling.

Case Number KKO 1917/1995
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Finland dismissed the respondent's appeal against the lower court's decision. The core issue was that a crucial fact supporting the appeal had only become apparent after the respondent submitted their written answer to the lower court's ruling. The court held that the lower court was not bound by the respondent's answer and could disregard the new fact, thereby rejecting the respondent's claim for a new trial based on that discovery.

Legislator headnote

AI generated

Korkein oikeus 1995:1917: 10 § 1 momentti 1 luku 10 § 2 momentti k.r.s.: The lower court is not bound by the respondent's answer and may disregard new facts emerging therein; an appeal based solely on such facts is inadmissible.

Keywords

AI generated
lower court discretion respondent's answer new facts discovery admissibility of appeal procedural fairness

Cited Legislation

AI generated
10 § 1 momentti 1 luku 10 § 2 momentti k.r.s.
AI generated

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Full text

Kysymys hovioikeuden ratkaisun perustamisesta seikkaan, joka oli käynyt ilmi vain hovioikeudelle annetusta vastineesta.