IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: MADAN, LAW JJA and HANCOX Ag JA)
CIVIL APPEAL NO. 44 OF 1982
MZAMIL.......................................APPELLANT
VERSUS
ANSARI..................................... RESPONDENT
RULING
We have before us an application by the respondent, filed on January 19, 1983 for the appeal to be struck out on the ground that the record of appeal does not include a certified copy of the defence. The decree included in the record is one which has not been approved by the appellant or by the court. Mr Mulwa for the appellant concedes that the application is valid, but he applied in terms of an application filed on January 27, 1983, for an extension of time in which to file the correct decree, which is included in a supplementary record of appeal, filed on January 25, 1983.
An essential document such as a decree cannot be brought on record by means of a supplementary record see Kiboro v. Posts and Telecommunications Corporation [1974] EA 155. It is accordingly for Mr …