RADHESHYAM TRANSPORT LIMITED & ANOTHER V. CORPORATE BUSINESS CENTRE LIMITED

RULING OF THE COURT

Before us is a Notice of Motion dated 1st April 2019, and filed on 2nd April 2019. It is premised on Rule 29(1) and 42 of the Court of Appeal Rules. It substantively seeks admission of additional evidence, together with an attendant prayer for provision for costs. It is supported by grounds on its body and a supporting affidavit of Kiran Patel. The application is opposed by a replying affidavit sworn on 17th May 2019, and filed on 29th May 2019 by Ravji Kerai, on behalf of the 1st respondent.

The background to the application is that the respondent to the application instituted a civil suit no. 303 of 2014 in the High Court of Kenya at Nairobi claiming unpaid balance of kshs. 24,463,327/= from the applicant for excavation works at the applicant’s construction site. On 11th May 2015, judgment in default of appearance was entered against the applicant pursuant to the request for judgment dated 23rd April 2015.

Subsequently, the applicant filed an application dated 19th …