SAMURU GATURO FARMERS CO-OPERATIVE SOCIETY LIMITED V. CHIEF MAGISTRATE'S COURT AT THIKA, REGISTRAR OF TITLES, ATTORNEY GENERAL, JOHN MBAU, MONICA WAMBUI, JOSEPH KARUMBA, HANNAH MARUGU, SIMON NGUGI KAMAU, PAUL WANYOIKE, JOAN NJERI, BONIFACE MWANA, FRANCIS MAINA, COMMISSIONER OF CO-OPERATIVE DEVELOPMENT, FRANCIS NDUNGU MWAURA, PETER NDUATI MBAU & SIMON NGURE KUNG'U

RULING OF THE COURT

1. The applicant, SAMURU GITUTO FARMERS CO-OPERATIVE SOCIETY LIMITED, filed a Notice of Motion under Rules 29 and 42 of the Court of Appeal Rules and Section 3A, 3B of the Appellate Jurisdiction Act. The applicant seeks leave of this Court to take additional evidence as part of the record during the hearing of the appeal herein. The applicant has filed several grounds in support of its application, the main ones being that the additional evidence was not within the applicant’s knowledge at the time of filing the appeal and that the additional evidence is necessary for the just and proper determination of its appeal.

2. The brief facts discernable from the record that is before us are as follows: The applicant Society claims to be the owner of land parcel No 10743 within Thika Municipality [the suit property], which was in the process of being transferred to a third party. Initially, the applicant had charged the said title to Co-operative Bank of Kenya Limited [the B…