Alwiy v Siani Limited & 2 others (Civil Appeal (Application) 27 of 2016) [2022] KECA 838 (KLR) (27 May 2022) (Ruling)

Facts

The appellant (Alwiy) agreed to sell structures known as 'Talking Trees' restaurant to the respondents (Siani Limited and others) in agreements dated 25th September 2006 and March 2007. The Environment and Land Court found that Alwiy agreed to sell the structures and was paid the agreed purchase price. The respondents were ordered to vacate the beach banda known as 'Talking Trees'.

Issues

1. Whether the learned Judge misdirected himself in failing to acknowledge that the purported sale agreement contained numerous errors
2. Whether the evidence sought to be admitted as additional evidence (forensic report and letter) could be obtained with reasonable diligence for use at the trial

Reasoning

The Court found no merit in the application, as the evidence sought to be admitted was not obtained with reasonable diligence and was not relevant to the matter before the court.

Outcome

Appeal dismissed

Authorities cited