JUDGMENT
Miller JA This appeal with the Commercial Bank of Africa Limited as appellant and General Motors Kenya Limited as respondent, was lodged in this Court’s Registry on the September 4, 1981.
Mr Sandhu for the respondent, has raised a preliminary objection that the appeal is incompetent in that it does not comply with rule 85 of this Court’s Rules. Rule 85 mandatorily prescribes the contents of a Record of Appeal such as this and it is patent that at lodgment, the bound Record of Appeal as stood, fell foul of rule 85(1)(c) in that it did not contain a copy of the pleadings before the superior court.
The said bound record of appeal was nevertheless certified in compliance with the further mandatory provisions of subrule (5) of rule 85 in these terms:
“Certified correct and prepared in accordance with copies furnished by the High Court of Kenya Nairobi.”
Subrule (5) of rule 85 provides:
“Each copy of the record of appeal shall be certified to be correct by the appellant or by any person …