RULING OF THE COURT
1. PGM (applicant), filed an appeal against the judgment and orders made in HCCS’ Family Division No. 71 OF 2011 on the 3rd October, 2017. Before the said appeal was heard, on the 3rd October, 2017, he filed a notice of motion principally under Rule 29 (1) (b) and (2) of the Court of Appeal Rules seeking leave to adduce additional evidence by way of an affidavit and/ or as may be found suitable by the Court. [2] This motion is supported by the grounds asserting that the suit before the High Court was initiated by way of an originating summons dated 29th March, 2011. The suit was instituted by the applicant’s wife, AWM, (respondent) and the allegations made in the said suit were not accompanied by certain information which now obligates the applicant to adduce additional evidence in regard to a property known as Nairobi/Block *****/******* (suit property) before the appeal is heard.
2. The motion is also supported by a brief affidavit sworn by the applicant on 3rd Oct…