Amuiri Investments Limited v Aswani (Employment and Labour Relations Appeal E092 of 2021) [2024] KEELRC 1682 (KLR)
The bottom line
#The High Court refused an employer's bid to add new documents on appeal, confirming appeals cannot be used to fix a weak trial case.
What this practically means
#Executive summary
#Key legal issues
#Whether additional evidence should be admitted on appeal
The application fails because the appellant did not meet the Mohammed Abdi Mohammed principles; the documents were readily available upon minimal diligence and the appellant, as employer, is the custodian of employment records under sections 10(7) and 74 of the Employment Act
The court applied Order 42 Rule 27(1) and the Supreme Court guidelines in Mohammed Abdi Mohammed. It found the staff register, letters and NSSF statements were documents the employer could readily have obtained at trial. The appellant gave no explanation for their absence, and the attempt was aimed at patching weak points, an impermissible purpose under the rule.
Legal principles established
#- The power to admit additional evidence on appeal must be exercised sparingly and is not for removing lacunae or filling gaps in evidence
- A party unsuccessful at trial must not use additional evidence to make a fresh case on appeal
Court orders
#- 1.The application dated 5/11/2023 is dismissed
- 2.Costs of the application awarded to the respondent
- On appeal from
- Chief Magistrates Court at Milimani
- Civil Suit No 1904 of 2019
- Jurisdiction invoked
- Section 78 of the Civil Procedure Act Cap 21 and Order 42 Rule 27(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amuiri Investments Limited v Aswani (Employment and Labour Relations Appeal E092 of 2021) [2024] KEELRC 1682 (KLR)", Case Analysis (2024). Civil Suit No 1904 of 2019 (appeal) - application dated 5/11/2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1682/eng@2024-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.