Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
High CourtDismissed

James Mwangi Kibuchi & Another v [Respondent Coffee Society]

High Court of Kenya
14 May 2020
1,564 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

If you possessed the evidence during the initial trial, the High Court of Kenya will likely refuse to allow you to introduce it on appeal.

What this practically means

#

Executive summary

#
The applicants, appellants before the High Court from a Co-operatives Tribunal decision, moved the court by Notice of Motion under Order 42 Rules 27, 28 and 29 of the Civil Procedure Rules seeking leave to introduce additional evidence at the appellate stage. The evidence comprised receipts recording deliveries of 10,000 kgs of coffee to the respondent's factory, the proposed evidence of a weighing clerk, Jane Wangari Kimondo, a letter from the area chief, and two Coffee Plant Management Agreements. The applicants, through counsel Mr A.J. Kariuki, argued the documents had been wrongly excluded by the Tribunal and were needed to compute payments due to them, invoking Section 81 of the Co-operative Societies Act. The respondent, through counsel Mr Runo, opposed, contending the documents were never filed or expunged at trial, that the applicants had elected to rely on the respondent's documents, and that the application was a delay tactic and an attempt to patch up a weak case. The court framed a single issue: whether the additional evidence met the threshold for admission. Applying Section 78 of the Civil Procedure Act and Order 42 Rule 27, and the principles in Safe Cargo Ltd and Republic v Ali Babitu Kololo, the court found the Tribunal record showed the applicants were never denied an opportunity to produce the documents, that the receipts were in their possession throughout, and that the evidence was neither fresh nor capable of significantly impacting the appeal. The application was dismissed with costs to the applicants' burden.

Key legal issues

#
01

Whether the additional evidence meets the threshold for admission on appeal under Section 78 of the Civil Procedure Act and Order 42 Rule 27

Holding

The application fails; the evidence was in the applicants' possession, obtainable with due diligence, not fresh, and would not significantly impact the appeal

Reasoning

The Tribunal record shows the applicants chose to rely on the respondent's documents and were never denied an opportunity to produce their own. The receipts were held by both parties, and the chief's letter and management agreements addressed matters already canvassed at trial. The evidence is therefore neither fresh nor impactful.

p. 3

Legal principles established

#
  • The power to receive additional evidence on appeal should be used sparingly and only where the evidence is fresh and would significantly impact the appeal
  • Additional evidence must be directly relevant to the appeal, capable of influencing the result, and not obtainable with reasonable diligence at trial

Court orders

#
  1. 1.The application for admission of additional evidence on appeal is dismissed for lack of merit
  2. 2.The Applicants shall bear the costs of this application
On appeal from
Co-operatives Tribunal
Jurisdiction invoked
Section 81 of the Co-operative Societies Act; Order 42 Rules 27, 28 and 29 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "James Mwangi Kibuchi & Another v [Respondent Coffee Society]", Case Analysis (2020). . Source: 

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.