CENEAST AIRLINES LIMITED v KENYA SHELL LIMITED [1999] KECA 5 (KLR)
- Court
- Court of Appeal
- Case number
- 5
- Citation
- [1999] KECA 5 (KLR)
- Decided
- 17 December 1999
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to have additional evidence admitted at the hearing of the appeal.CoramR.O KWACH, P.K TUNOI, E. OWUOR
Holding
Application must fail as the conditions for admitting additional evidence have not been established.
Facts
Ceneast Airlines Ltd. and Kenya Shell Ltd. had a business relationship starting in 1987. The respondent supplied aviation fuel to the applicant, and payments varied at different periods. A dispute arose regarding the sums owed in respect of 1993 transactions.
Issues
- Whether the additional evidence (a letter written by the respondent) could have been obtained by reasonable diligence during the trial in the superior court.
- Whether the additional evidence, if made available to the trial court, would have affected the result of the suit.
Reasoning
The applicant failed to show that the additional evidence could not have been obtained by reasonable diligence during the trial in the superior court, and that it would have affected the result of the suit.
Outcome
Application dismissed with costs to the respondent.
Authorities cited
Cases cited (2)
- Mzee Wanjie and 93 Others vs A. K Saikwa, A.C Kanyarati, S.W Kibogo and William Gachiringa (1982-88) 1 KAR 462
- Edgar Ogechi & 12 others CA No.130 of 1997 (unreported)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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