RULING OF THE COURT
This is an application brought under rule 29 of the Court of Appeal Rules by Ceneast Airlines Ltd. (the applicant) seeking to have additional evidence admitted at the hearing of the appeal herein. The evidence the applicant, defendant in the superior court seeks to have admitted being a letter written to the applicant by Kenya Shell Ltd. (the respondent), plaintiff in the superior court, dated 5th of May, 1994.
The reason advanced by the applicant for the said letter not having been tendered in evidence in the proceedings in the lower court being that:
"Mr. Moses W. Murichu who instructed the appellant's advocate on record did not know that the respondent had written a letter to the appellant after a reconciliation meeting held on 5th of May, 1994. The respondent withheld the letter from the superior court during the hearing of the application seeking to set aside the ex-parte judgment entered in default of appearance".
The respondent herein filed a suit in the superio…