RULING OF THE COURT
Before us is a Notice of Motion dated 2nd November 2012 filed by the appellant in the main appeal seeking orders:
1. The Honourable Court be pleased at the Hearing of this application to take additional documentary evidence in the form of:
a. The annexed letter of Kethi D. Kilonzo to Mr. Vipul P. Haria dated the 20th November, 2008 referencing HCCC No. 21 of 2005 (OS);
b. The annexed letter of Mutula Kilonzo Junior to Mr. Vipul P. Haria dated the 6th of November, 2007 referencing HCC 69 of 2005.
c. The annexed Statement of Account of Kilonzo and Company Advocates to Mr. Vipul P. Haria dated the 5th November, 2007 for a sum of Shillings Three Million, Ninety-Seven Thousand, Five hundred and Twenty only
(Kshs. 3,097,520/=) and demanding an outstanding balance of Shilling Two Million, nine Hundred and Ninety-Seven and Twenty (Kshs. 2,997,020/-=).
d. The annexed Fee Note of Kilonzo and Company Advocates to Mr. Vipul P. Haria dated the 5th of November, 2007 for a sum of shilli…