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Joseph Kingsley Karuri v. Housing Finance Co. Ltd & Getrude Kamanthe Munguti

(2019) JELR 100686 (CA)

Court of Appeal  •  Civil Appeal 17 of 2014  •  6 Dec 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Mohammed Abdullahi Warsame, William Ouko

Judgement

RULING OF THE COURT

1. The appellant filed a Notice of Motion dated 17th April 2015 seeking the following orders:

(i) THAT this Court be pleased to grant the appellant leave to tender new evidence;

(ii) THAT leave be granted to the appellant to tender the said evidence in documentary form;

(iii) THAT leave be granted to allow oral evidence by one Richard K Gikuhi; and

(iv) THAT costs be in the cause.

2. The application was predicated on the grounds that:

(a) the appellant has now established new grounds of appeal;

(b) the new evidence has a crucial bearing on the outcome of the appeal;

(c ) the new evidence was not available to the appellant at the time of the trial;

(d) it is in the interest of justice that this new evidence be admitted and that this Court has the opportunity to examine it in light of the appellant’s grounds of appeal; and

(e) the application is made in good faith and in good time.

3. Supporting the application, Mr.Kairu, learned counsel appearing for the appellant, referred to …

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