BAMBURI PORTLAND CEMENT COMPANY LIMITED V. IMRANALI CHANDBHAI ABDULHUSSEIN

RULING OF THE COURT

Ruling respondent through his advocate, Dr. Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court.

Mr. Khanna for the appellant replied that the plaintiff produced the original exhibits and requested the Court to allow him to withdraw them and replaced then with photocopies as he intended to use them elsewhere.

It was then when Dr. Khaminwa applied to the Court for adjournment to enable him to obtain these exhibits from his clients and then file the supplementary record.

Although Mr. Khanna stated that he will not refer to these exhibits and that if he does not refer to them, it will not be open to Dr. Khaminwa to refer to them, we feel that for the purpose of putting the record straight the adjournment should be granted but Dr. Khaminwa having known of the position since his firm was served with the record of appe…