RULING OF OWUOR, J.A
I have had the advantage of reading and considering in draft the rulings of GICHERU and SHAH, JJ.A. I have no doubt in my mind and based on the numerous recent authorities of this Court; see Trimborn Agricultural Engineering Limited v. David Njoroge Kabaiko and Kenya Shield Security Limited Civil Appeal (Application) No. 274 of 1998, and Pepco Construction Company Limited v. Carter and Sons Limited Civil Appeal (Application) No. 80 of 1999, that a defective primary document, which the order filed herein is, cannot be amended or brought on record by way of a supplementary affidavit. In that regard it renders the whole appeal incompetent.
The order complained of contains an order that is in respect of another ruling that is not subject matter of the present appeal. Furthermore it contains an amendment whose origin is not ascertainable. Jowits Dictionary of English Law defines an amendment as:-
"the correction of some error or omission or the curing of some defect in ju…