<p style="text-align: center"><strong><u>RU L I N G</u></strong></p><p style="text-align: justify">In the Motion on notice brought under <strong>rules 44 </strong>and <strong>90 </strong>of the <strong>Court of Appeal Rules, Sections 1A, 1B </strong>and <strong>3A </strong>of the <strong>Civil Procedure Act </strong>and all other enabling provisions of law the applicant, <strong>Dinesh Kumar Zaverchand Jetha </strong>prays in the main that he be granted leave to file a Supplementary Record of Appeal out of time; that the Supplementary Record of Appeal dated 18th November, 2022 be deemed to have been properly filed and served within time and that costs of the application be provided for. In grounds in support of the Motion and in an affidavit of his lawyer <strong>Mutiso Steve Kimathi </strong>it is said <em>inter alia </em>that the law firm of <strong>M/S Andrew &amp; Steve Advocates </strong>recently took over the conduct of the matter from previous advocates; that upon perusal of the file it was noted that on 17th October, 2018 leave was granted to the applicant to file a Supplementary Record of Appeal to include the first page of a letter dated 7th September, 2015 but that it was not done despite leave having been …</p>