KARIAKOO AUCTION MART VS. MASHAKA DYANGA AND 7 OTHERS CIVIL APPEAL NO. 234 OF 2019.

Abstract

i)Evidence may be taken in the appellate stage upon the set prerequisites that one, there is an existence of an appeal before this court, two, the appeal must stem from High Court exercising its original jurisdiction and three, in exercising its discretion, this court must be furnished with sufficient reasons to allow it to decide the way or the other and also decide whether it is the court or the High Court which should take additional evidence.

ii)Justice demands that parties be heard and the avenue is availed under rule 113 (1) of the rules