The Appellant in the application dated 04.07.2023 seeks to review the judgment delivered in this matter on the ground that the court relied on incomplete documents and that the documents it produced and has in its possession show that there was indeed an agreement with terms and conditions which the court should have considered.
I have gone through the Record of Appeal with counsel for the Appellant and it is clear that the documents sought to be introduced by the Appellants were not part of the Record of Appeal. The Appellant’s advocates certified that the record filed as true and correct and in accordance with the documents produced before the Subordinate Court. This court relied on those documents on record to determine the appeal. Further, the documents sought to produced were always in possession of the Appellant and if it had exercised due diligence, it would have corrected the error before the appeal was heard and determined. The Appellant has failed to meet the threshold for review of the judgment.
The Application dated 04.07.2023 is dismissed. The Appellant shall pay costs of of Kshs. 15,000.00
DATED and DELIVERED at NAIROBI this 19th day of JULY 2023
D. S. MAJANJA
JUDGE