Civil Procedure Rules
25. Where evidence on record sufficient appellate court may determine case finally [Order 42, rule 25]
25. Where evidence on record sufficient appellate court may determine case finally [Order 42, rule 25]
Where the evidence upon the record is sufficient to enable the court to which the appeal is preferred to pronounce judgment, the court to which the appeal is preferred may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the judgment of the court from whose decree the appeal is preferred has proceeded wholly upon some ground other than that on which the court to which the appeal is preferred proceeds.Source: Kenya Law