WALTER ENOCK NYAMBATI OSEBE
V.
JUSTUS MONGUMBU OMITI & 2 OTHERS

RULING OF THE COURT

We have before us a notice of motion dated 25^th March 2011 and filed on 28^th March 2011 in which the applicant, Walter Enock Nyambati Osebe is seeking two orders namely:-

“1. That this Honourable Court be pleased to take additional evidence in respect of Civil Appeal No. 260 of 2010 in the form of a letter dated 24^th March 2011 from the Process Server s’ Committee.

2. That the costs of this application be provided for.”The application is premised on three grounds which are:-

“(i) That the Process Servers Committee has now re-affirmed that John Atieli Angwa was not licensed to effect service.

(ii) That the Process Servers’ Committee has confirmed the letter Ref. No. JD/HCCC No./NBI/PS/27 dated 10^th April 2008 originated from them.(iii) That the letter from the Process Servers’ Committee could not be placed before the superior court as the authenticity of the letter of 10^th April 2008 has never been an issue.”

There is an affidavit in support of the application sworn by J…