Njuki v Mwangi & another (Environment and Land Appeal E022 of 2023) [2024] KEELC 1365 (KLR) (14 March 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1365
- Citation
- [2024] KEELC 1365 (KLR)
- Decided
- 14 March 2024
The application to procure and adduce additional evidence is rejected as the appellant has not satisfied the criteria for admission of new or additional evidence by an appellate court.
Facts
The appellant initiated an appeal challenging a judgment rendered by Hon. M W Kurumbu, Principal Magistrate, dismissing her claim and allowing the respondents' counterclaim. The suit property was valued at Kshs 13,000,000 at the time of institution, while the trial court's pecuniary jurisdiction was Kshs 10,000,000.
Issues
- Whether the trial court had jurisdiction to entertain the suit and counterclaim
- Whether the additional evidence procured by the appellant meets the criteria for admission of new or additional evidence at the appellate stage
Reasoning
The court found that the additional evidence did not exist during trial and was procured after the appeal was lodged. It was not evidence that existed at the time of trial but could not be obtained with reasonable diligence.
Outcome
The application is rejected, and the appellant is ordered to bear the costs of the application.
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