Kenya Sunny Industries Companies Ltd v Ocharo & 2 others (Civil Application E030 of 2024) [2025] KECA 465 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 465
- Citation
- [2025] KECA 465 (KLR)
- Decided
- 7 March 2025
The application is dismissed as the additional evidence is not relevant to the appeal and no exceptional circumstances warrant its admission.
Facts
The applicant, Kenya Sunny Industries Companies Ltd, seeks leave to adduce evidence regarding the licensing status of gold mining companies in Vihiga County, including the Cabinet Secretary's report detailing that only two companies were licensed to prospect gold in the county. The 2nd respondent, Kitigu Resources Ltd, is alleged to be illegally conducting gold mining on the applicant's land.
Issues
- Relevance of additional evidence to the appeal
- Procedural fairness of adding evidence after the trial court's judgment
Reasoning
The Court of Appeal found the additional evidence irrelevant to the appeal and not necessary to consider the issues in dispute. The applicant failed to demonstrate exceptional circumstances warranting the admission of the evidence.
Outcome
Application dismissed
Orders
- No orders as to costs
Authorities cited
Cases cited (2)
- Mohamed Abdi Mahamud v. Ahmed Abdullahi Mohamed & 3 others [2018] eKLR
- Eldoret Criminal Appeal (Application) No. 67 of 2017 R v. Janet Nasimiyu and 2 others
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