Kenya Forest Research Institute & another v Ndungu (Civil Appeal 2 of 2019) [2023] KECA 738 (KLR) (22 June 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 738
- Citation
- [2023] KECA 738 (KLR)
- Decided
- 22 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to introduce new evidence in an appealCoramD. K. MUSINGA, H. A. OMONDI, DR. K. I. LAIBUTA
Holding
The application lacks merit and is hereby dismissed with costs to the respondent.
Facts
The respondent filed a claim in the Employment and Labour Relations Court seeking to be placed in the correct job group of Research Scientist II Job Group RF 9 and payment of salary arrears. The trial court ordered the respondent to be placed in the post and paid his salary arrears.
Issues
- The respondent’s intimation to the trial court during examination in chief that all the respondent’s colleagues in the scrapped job grade 8 were converted to Research Scientist II Job Grade RF 9, but that he was retained in the scrapped post alone without any salary increment.
- The applicant discovered additional and very important evidence after the judgment that could not have been obtained with due diligence for use at the trial.
Reasoning
The court found that the applicant did not demonstrate due diligence in presenting the additional evidence and that the case belongs to the litigant who must be diligent.
Outcome
Dismissed
Orders
- The application to introduce new evidence and file a Supplementary Record of Appeal is dismissed with costs to the respondent.
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.
Loading judgment…