Vipul Premchand Haria v Kilonzo & Co. Advocates [2019] KECA 94 (KLR)
- Court
- Court of Appeal
- Case number
- 94
- Citation
- [2019] KECA 94 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks to adduce additional documentary evidence in the form of letters and statements of account.CoramR.N. Nambuye, W. Karanja, A. Makhandia
Holding
The additional evidence is allowed, and the appellant is granted leave to adduce and file the additional evidence as supplementary record of appeal.
Facts
The appellant retained the respondent to represent him in divorce and matrimonial property matters. The respondent demanded a fee of Kshs. 5,700,000, which the appellant claims he paid.
Issues
- Whether the appellant paid Kshs. 5,700,000 to the respondent for both divorce and matrimonial causes.
- Whether the additional evidence should be admitted to determine the payment
Reasoning
The court finds the additional evidence material and necessary for the just determination of the appeal, and it does not prejudice any party.
Outcome
The Notice of Motion is allowed.
Orders
- Leave granted to adduce additional evidence marked a-r
- Additional evidence to be filed as Supplementary Record of Appeal within 14 days of the date of the order
- Costs to abide by the outcome of the appeal
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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