RULING OF THE COURT
The respondent to this appeal (Mwakini Ranching (D.A) Company Limited) has moved this Court under rules 80 and 85 of the Rules of this Court (the Rules) for orders that this appeal be struck out with costs and that the costs of the application be provided for.
Mr. Ngatia who appeared for the applicant took us through the affidavits of Mr. Frederick N. Musyimi (Sworn on 16th October, 1993 and Mr Elijah M. Mutambuki (sworn on 29th October, 1993).
Mr. Musyimi's said affidavit refers to five (5) annexures thereto none of which form part of the record of appeal, save the annexure marked "FNM2" which appears at page 43 of the record as an annexure to the affidavit of Mr. David N. Nthale, the clerk to the appellant (Kitui County Council). Mr. Mutambuki's said affidavit refers to four annexures thereto none of which form part of the record of appeal.
Relying upon rule 85(1)(f) of the Rules Mr. Ngatia argued that it was a mandatory requirement that all documents put in evidence…