RULING OF THE COURT
The main point raised in the present appeal by us, suo moto, relates to the contents of primary documents in appeals to this Court such as a decree or ruling, and a certified copy of an order which, as the case may be, must, according to rule 85 (1) (h) of our Rules, be included in a record of appeal. This issue has recently, been of some concern to this Court. In the present appeal, it is the alleged certified Order derived from the ruling of 16th November, 1998, of Githinji, J., contained in the record of appeal, that is involved.
As is clear from the following provisions of the section 66 of the Civil Procedure Act:
"Except where otherwise expressly provided in this Act ... an appeal shall lie ... from the orders of the High Court to the Court of Appeal.".
As such, an order is a primary document in an appeal and which must comply with certain requirements. In this case, as prescribed by order 20 r 7 (6) of the Civil Procedure Rules:
"Any order ... shall be prepared a…