DR. VIJAY KUMAR SAIDHA & ANOTHERS V. TRIBHUVAN GORDHAN BAKRANIA & 2 OTHERS

RULING OF THE COURT

Being aggrieved by the judgment of the Hon. Mr. Justice P.J. Ransley delivered in Nairobi HCCC No. 538 of 1999 (OS) on 6^th October 2005, the Appellants filed this appeal on 26^th January 2007. On 24^th March 2011, they filed a notice of motion under Rules 29, 42 and 43 of the Court of Appeal Rules (the Rules) and sought leave of this court to take additional evidence in this appeal. This ruling is on that application.

The application is based on the ground that the evidence theAppellants wish to adduce was not in their possession at the time of the hearing of the suit before the High Court and that the third Respondent to whom it relates will not be prejudiced if the evidence is adduced.

Basing himself on the first Appellant’s affidavit in support of the application, Mr. Kahiga Watindi for the Appellants submitted that in early 2011 the third Respondent was proposed by the President of the Republic of Kenya to replace the Hon. Justice Gicheru, who had retired, as the Ch…