MUTUNGI
V.
FEP SACCO SOCIETY LIMITED & ORS

Ruling

1. This is an application by Claudia Mueni Mutungi, the applicant, seeking leave pursuant to Rule 31 (1)(b) and Rule 31 (2) of the Rules of this Court, 2022. She seeks two substantive prayers:

   1. That the appellant be granted leave to introduce additional evidence in this appeal being Forensic document Examination Report dated 29th January 2021 and Exhibit Memo Form dated 9th December 2020.

   2. That upon being granting prayer (1) hereinabove, the Forensic Document Examination Report dated 29th January 2021 and Exhibit Memo Form dated 9th December 2020 be admitted by way of an affidavit and be filed in the pending appeal as a Supplementary Record of Appeal.

   3. That the Supplementary Record of Appeal be deemed as duly filed upon payment of the requisite filing fees or as the Court of Appeal shall direct.

   4. Costs of this application abide the result of the substantive appeal.

2. The background of this application is that the applicant filed a suit by way of a plaint before the High Court, seeking inter a…