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MSHELIA JCA (Delivering the Lead Ruling): The motion on notice is dated 23 June 2009 and filed same date. Same is brought pursuant to Order 6, rule 2(4) and rule 7(1) of the Court of Appeal Rules, 2007 and under the inherent jurisdiction of the honourable court. The appellant/applicant sought for the following reliefs: “1. An order for leave of this honourable courtto amend the notice of appeal dated 28 April 2009 by filing additional grounds of appeal in the form of the proposed additional grounds of appeal , exhibit ‘BFCJ’ and attached to the affidavit hereto.
An order deeming the additional grounds of appeal already filed and served as having been properly filed and served.
And for such further or other orders as this honourable court may deem fit to make in the circumstances.”
The application is supported by 14 paragraphed affidavit deposed to by Victor Eluche, a legal practitioner in the firm of Messrs Beatrice Fisher and Co., appellant/applicant’s solicitors. Also attached to the…