DYSARA INVESTMENT LIMITED, INTERNATIONAL LEGAL RESOURCES CORPORATION LIMITED & LIVIO LUIGI BERETA V. WOBURN ESTATE LIMITED, WOBURN MANAGEMENT LIMITED, UGO TROIANI, ROBERT FERRARI, MINAZI PUNJANI & DOTTORESSA FRANCESCA TURINA

RULING

[1] Before the Court is a Notice of Motion Application dated 27^th February, 2019 and filed on 27^th February, 2019, within Petition 40 of 2018. It is filed pursuant to Sections 21 and 24 of the Supreme Court Act, 2011 and Rules 3 (5) and 23 of the Supreme Court Rules, 2012. The Application is supported by the sworn affidavit of Victoria Simiyu Okata, Counsel for the Applicants.

[2] The Applicants seek leave to file a Supplementary Record of Appeal comprising of documents that were omitted from the Record of Appeal filed on 31^st October, 2018. These documents are the Notice of Appeal lodged in the High Court, Memorandum of Appeal lodged in the Court of Appeal and the parties’ written submissions which they had filed and relied on in the Court of Appeal. All these are mandatory documents in a record of appeal under Rule 33 (4) and 33(7) of the Supreme Court Rules. The Applicants aver that their omission was due inadvertent omission given the hasty filing of the appeal before the lap…